[Federal Register Volume 69, Number 149 (Wednesday, August 4, 2004)]
[Proposed Rules]
[Pages 47028-47031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17764]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 69, No. 149 / Wednesday, August 4, 2004 / 
Proposed Rules  

[[Page 47028]]



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: Supplemental notice of proposed rulemaking; reopening of 
comment period.

-----------------------------------------------------------------------

SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to various transport category airplanes on 
which cargo restraint strap assemblies have been installed per STC 
ST01004NY. That action would have required revising the airplane flight 
manual to include a procedure for discontinuing the use of certain 
cargo restraint strap assemblies installed per STC ST01004NY, if used 
as the only cargo restraint. This new action revises the proposed rule 
by adding a requirement to revise the airplane weight and balance 
manual to include the same procedure described previously. The actions 
specified by this new proposed AD are intended 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 August 30, 2004.

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, 1600 Stuart Ave., suite 410, Westbury, New York 
11590; telephone (516) 228-7323; fax (516) 794-5531.

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 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

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
various transport category airplanes on which cargo restraint strap 
assemblies have been installed per Supplemental Type Certificate (STC) 
ST01004NY, was published as a notice of proposed rulemaking (NPRM) in 
the Federal Register on July 29, 2003 (68 FR 44495). That NPRM proposed 
to require revising the airplane flight manual (AFM) to include a 
procedure for discontinuing the use of certain cargo restraint strap 
assemblies installed per STC ST01004NY, if used as the only cargo 
restraint. That NPRM was prompted by reports of incorrect installation 
of cargo restraint strap assemblies having part number (P/N) 1519-
MCIDS. The reports also indicate the use of incorrect pallet and strap 
combinations, and the use of straps inappropriate for the type of cargo 
being restrained. Shifting or unrestrained cargo due to improper 
installation of cargo straps 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.

Comments Received

    Due consideration has been given to the comments received in 
response to the original NPRM.

[[Page 47029]]

Support for the Original NPRM

    Several commenters generally support the original NPRM.

Request To Clarify the Intent of the Original NPRM

    Several commenters state that the wording of the original NPRM is 
confusing. The commenters indicate that they misinterpreted the intent 
of the original NPRM and concluded that the NPRM prohibits the use of 
cargo restraint strap assemblies having P/N 1519-MCIDS. The commenters 
suggest that the original NPRM be revised to clarify that the cargo 
restraint straps listed in the STC are not the cause of the unsafe 
condition, and that these straps may be used in accordance with the 
airplane manufacturers' weight and balance manuals (WBM), when strap 
installations are appropriate.
    We agree that the straps listed in the STC are not the cause of the 
unsafe condition. The actual intent of the original NPRM is to prohibit 
the use of supplemental type certificate (STC) ST01004NY to install 
cargo restraint strap assemblies. We also agree with the commenters' 
request to allow use of the straps per the WBM under certain 
conditions. Paragraph (a) of this supplemental NPRM has been revised to 
clarify that the use of STC ST01004NY shall be discontinued as the only 
means of installing certain cargo restraint straps, and that these 
straps may be used if they are installed per the airplane 
manufacturers' WBMs, and within the strap rated load (5,000 lbs.).

Request To Require Revising the Airplane WBM

    Two commenters request a change to the original NPRM to require 
revising the airplane WBM. (The original NPRM requires revising the 
Limitations Section of the AFM to include information to discontinue 
the use of certain cargo restraint straps as the only means of securing 
cargo.) The commenters note that cargo-loading personnel do not refer 
to the AFM, but they do look at the cargo loading guidelines included 
in the airplane WBM.
    We agree with the commenters' request for the reason given by the 
commenters. Paragraph (a) of this supplemental NPRM has been revised to 
require revising both the AFM and the WBM by inserting text that 
prohibits the use of STC ST01004NY to install cargo restraint strap 
assemblies having P/N 1519-MCIDS, if the strap assemblies are the only 
means of cargo restraint.

Request To Address Another Unsafe Condition

    Two commenters note the original NPRM allows continued use of the 
cargo restraint straps listed in STC ST01004NY as supplemental cargo 
restraints in conjunction with TSO C90c nets. The commenters state that 
this could create another unsafe condition because of the relative 
stiffness of the straps compared to the cargo nets; the straps would 
carry most of the cargo load. The commenters suggest that the original 
NPRM be changed to eliminate this potentially unsafe combination of 
cargo restraint straps and cargo nets.
    We agree with the commenters' request. We find that combining the 
cargo restraint straps listed in STC ST01004NY with cargo nets could 
create a potentially unsafe condition. Therefore, we have removed the 
provision allowing the use of the subject cargo restraint straps in 
conjunction with cargo nets from paragraph (a) of this supplemental 
NPRM.

Request To Address Cargo Restrained to the Airplane Floor

    Several commenters note that the original NPRM does not address 
cargo that is directly restrained to the structure of the airplane 
floor. They suggest that the original NPRM be revised to address this 
situation.
    We agree with the commenters' request. We have changed paragraph 
(a) of this supplemental NPRM to allow continued use of cargo restraint 
straps as supplemental restraints to secure cargo to TSO C90c/NAS3610 
pallets, or to the cargo restraint fittings in the airplane floor, per 
the WBM, and within the strap rated load (5,000 lbs.).

Request for Alternative Cargo Restraint Procedures

    One commenter notes that the original NPRM prohibits further use of 
STC ST01004NY, but does not provide instructions for alternative cargo 
restraint procedures. We infer that the commenter is requesting that 
additional information be included in the original NPRM to address 
alternative procedures for restraining cargo.
    We do not agree. The supplemental NPRM does not include alternative 
procedures for restraining cargo in lieu of using STC ST01004NY as the 
intent of this action is to prohibit further use of STC ST01004NY to 
install certain cargo restraint straps, not to provide alternative 
cargo restraint procedures. After appropriate installation instructions 
are developed in cooperation with the STC holder, the STC may be 
amended. Operators should follow the existing cargo loading and 
restraint guidelines in the applicable airplane WBM. We have not 
changed this supplemental NPRM regarding this issue.

Request To Create New Technical Standard Order (TSO)

    Several commenters suggest that there is a larger problem regarding 
cargo restraint straps and installation of the straps within the air 
transport industry. The commenters state that a new TSO should be 
issued regarding cargo restraint straps. The commenters also suggest 
that an industry standard for acceptable strap installation be created 
to ensure safety in cargo loading/restraint operations. The commenters 
did not request any specific changes to the original NPRM.
    We acknowledge the commenters' concerns. We have been working with 
the Society of Automotive Engineers (SAE) to create a new TSO for cargo 
restraint straps based on SAE design criteria. The straps may be 
installed per the airplane manufacturers' cargo-loading instructions, 
which are contained in the applicable airplane WBM. Until the new TSO 
becomes available, we will consider issuing a new special airworthiness 
information bulletin to emphasize the need for operators to follow the 
existing approved cargo loading and restraint guidelines. We have not 
changed this supplemental NPRM regarding this issue.

Request To Withdraw Original NPRM

    One commenter states that STC ST01004NY is not an appropriate 
method for approving the use of certain cargo restraint straps because 
there is no type design or type certificate for cargo straps; 
therefore, an NPRM to prohibit the use of the STC is not necessary. We 
infer that the commenter requests we withdraw the original NPRM.
    We do not agree with the commenter's request. An unsafe condition 
has been identified and an AD is the appropriate vehicle for mandating 
action to correct the unsafe condition. Further, the STC is the type 
design approval for the installation of P/N 1519-MCIDS strap 
assemblies, and was issued to provide specific instructions for 
installation of those strap assemblies. We have not changed this 
supplemental NPRM regarding this issue.

Request To Clarify Applicability of Original NPRM

    One commenter, an airplane manufacturer, states that at some point 
in the future the applicability of the original NPRM may be expanded to

[[Page 47030]]

include airplanes that do not have STC ST01004NY installed. Another 
commenter states that the applicability of the original NPRM is vague 
and requests clarification of airplanes affected by the original NPRM.
    We agree that clarification of the applicability should be 
provided. The basis of the applicability for this supplemental NPRM is 
the approved model list (AML) attached to STC ST01004NY. Only the 
airplane models currently listed in the AML are allowed to install STC 
ST01004NY, and those are the only airplanes subject to this 
supplemental NPRM. If we need to expand the applicability of this 
supplemental NPRM in the future, another AD action will be published in 
the Federal Register notifying the public of the proposed change. We 
have not changed this supplemental NPRM regarding this issue.

Request To Revise Cost Impact

    One commenter states that the cost impact section of the original 
NPRM addresses only the cost of the AFM revision, and fails to take 
into consideration the financial impact of the consequences of the 
change, specifically the effect on cargo shippers and carriers. The 
same commenter also states that the cost impact fails to address 
passenger-carrying narrow-bodied and wide-bodied airplanes that also 
use the specified cargo restraint straps to secure cargo or baggage to 
tie-down locations or contoured pallets. Another commenter mentions the 
economic impact to operators when cargo has to be tied down to the 
airplane floor, which results in the adjacent cargo pallet positions 
remaining empty. That same commenter also states that tied-down cargo 
results in longer ground time, which also costs money. We infer that 
the commenters request a revision to the cost impact section of the 
original NPRM.
    We acknowledge these commenters' concerns regarding the larger 
scale economic impact of the supplemental NPRM. However, as stated in 
the Cost Impact section, only costs associated with accomplishment of 
the actions required by the AD are addressed in an AD. We do not 
include an estimate of the long-term financial impact to operators. ADs 
require specific actions to address specific unsafe conditions and 
consequently may appear to impose costs that would not otherwise be 
borne by operators. However, because operators have a general 
obligation to maintain their airplanes in an airworthy condition, this 
appearance is deceptive. Attributing those costs solely to this AD is 
unrealistic because, in the interest of maintaining safe airplanes, 
prudent operators would accomplish these actions even if they were not 
required by the AD.
    In regard to the passenger-carrying airplanes, the Cost Impact 
section does address those airplanes because they are included in the 
applicability of the supplemental NPRM. The applicability is not 
limited to cargo airplanes, but includes various transport category 
airplanes on which cargo restraint strap assemblies have been installed 
per STC ST01004NY. We have not changed this supplemental NPRM in regard 
to the larger scale economic impact of the NPRM. We have changed this 
supplemental NPRM to include the estimated cost of revising the WBM.

Request To Correct Referenced Part Number

    One commenter states that P/N 1519-MCIDS, as cited in the original 
NPRM, is incorrect and should be cited as P/N 1519-MC1DS (the 7th 
character should be the numeral ``1'' and not the capital letter 
``I''). The commenter states that the mistake probably originated from 
STC ST01004NY, which listed the 7th character of the P/N as an ``I.''
    We do not agree with the commenter's request. During the STC 
application process, the STC holder for STC ST01004NY submitted a data 
package to the FAA. The drawing included in the data package references 
the 7th character of the P/N as an ``I'' not a ``1.'' The P/N 
referenced in the original NPRM is correct. We have not changed this 
supplemental NPRM regarding this issue.

Conclusion

    Since certain changes described above expand the scope of the 
original NPRM, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment.

Changes to 14 CFR Part 39/Effect on the Original NPRM

    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, we no longer need to include it in each individual AD. In this 
supplemental NPRM, paragraph (c) of the original NPRM has been removed, 
and paragraph (b) of the original NPRM has been revised to only 
identify the office authorized to approve AMOCs.

Cost Impact

    There are approximately 1,150 transport category airplanes of the 
affected design in the worldwide fleet. We estimate that 735 airplanes 
of U.S. registry would be affected by this supplemental NPRM.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed AFM revision, at an average labor rate of $65 per work 
hour. Based on this figure, the cost impact of the proposed AFM 
revision is estimated to be $47,775, or $65 per airplane.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed WBM revision, at an average labor rate of $65 per work 
hour. Based on this figure, the cost impact of the proposed WBM 
revision is estimated to be $47,775, or $65 per airplane.
    The cost impact figures discussed above are 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 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.

[[Page 47031]]

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, 
certificated in any category, on which cargo restraint strap 
assemblies part number (P/N) 1519-MCIDS have been installed per 
Supplemental Type Certificate (STC) ST01004NY.

                 Table 1.--Manufacturers/Airplane Models
------------------------------------------------------------------------
         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 and Avro 146-RJ
                                series airplanes.
Fokker.......................  F27 and F.28 series airplanes.
Lockheed.....................  188A and 188C airplanes, and L-1011
                                series airplanes.
Maryland Air Industries, Inc.  F-27 series airplanes and FH-227 series
                                airplanes.
McDonnell Douglas............  DC-7, DC-7B, and DC-7C airplanes; DC-8-
                                11, DC-8-12, DC-8-21, DC-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; and 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:

Revisions to Airplane Flight Manual (AFM) and Weight and Balance Manual 
(WBM)

    (a) Within 14 days after the effective date of this AD, revise 
the Limitations Section of the applicable AFM, and the cargo-loading 
procedures in the applicable WBM, to include the following 
information (this may be accomplished by inserting a copy of this AD 
into the AFM and the WBM):

``Discontinue the use of Supplemental Type Certificate (STC) 
ST01004NY to install Airline Container Manufacturing Company, Inc., 
cargo restraint straps, part number 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 to secure cargo to TSO C90c/NAS3610 pallets, 
or to the cargo restraint fittings in the airplane floor, per the 
airplane manufacturer's weight and balance manuals, and within the 
strap rated load (5,000 lbs.).''

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

Alternative Methods of Compliance

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

    Issued in Renton, Washington, on July 27, 2004.
Kyle L. Olsen,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-17764 Filed 8-3-04; 8:45 am]
BILLING CODE 4910-13-P