[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Proposed Rules]
[Pages 737-740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-171]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-89-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777-200 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

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

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Boeing Model 777-200 and -300 
series airplanes. That proposed AD would have required a one-time 
inspection of the clevis end of the vertical tie rods that support the 
center stowage bins to measure the exposed thread, installation of 
placards that advise of weight limits for certain electrical racks, a 
one-time inspection and records check to determine the amount of weight 
currently installed in those electrical racks, corrective actions, and 
replacement of the vertical tie rods for the center stowage bins or 
electrical racks with new improved tie rods, as applicable. This new 
action revises the proposed rule by revising the applicability to 
include additional airplanes. The actions specified by this new 
proposed AD are intended to prevent failure of the vertical tie rods 
supporting certain electrical racks and the center stowage bins, which 
could cause the center stowage bins or electrical racks to fall onto 
passenger seats below during an emergency landing, impeding an 
emergency evacuation or injuring passengers. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by January 31, 2005.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-89-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. 2001-NM-89-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.

FOR FURTHER INFORMATION CONTACT: Robert Kaufman, 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) 917-6433; 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

[[Page 738]]

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 2001-NM-89-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. 2001-NM-89-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 
certain Boeing Model 777-200 and -300 series airplanes, was published 
as a first supplemental notice of proposed rulemaking (NPRM) in the 
Federal Register on June 23, 2004 (69 FR 34966). That action proposed 
to require a one-time inspection of the clevis end of the vertical tie 
rods that support the center stowage bins to measure the exposed 
thread, installation of placards that advise of weight limits for 
certain electrical racks, a one-time inspection and records check to 
determine the amount of weight currently installed in those electrical 
racks, corrective actions, and replacement of the vertical tie rods for 
the center stowage bins or electrical racks with new improved tie rods, 
as applicable. The original NPRM and first supplemental NPRM were 
prompted by a report indicating that, under certain conditions on 
Boeing Model 777-200 and -300 series airplanes, the vertical tie rods 
that attach the center stowage bins and electrical racks to the 
airplane structure can break. That condition, if not corrected, could 
result in the racks or stowage bins falling onto passenger seats below 
during an emergency landing, impeding an emergency evacuation or 
injuring passengers.

Comments

    We have duly considered the comments received in response to the 
first supplemental NPRM.

Request To Add Additional Airplanes

    One commenter notes that an airplane in its fleet that should be 
subject to the proposed AD is missing from the applicability of the 
first supplemental NPRM. The commenter states that it intends to 
accomplish the requirements on all of its airplanes.
    We agree that several line numbers were inadvertently omitted from 
the applicability of the first supplemental NPRM. Therefore, we are 
issuing this second supplemental NPRM and have revised the 
applicability statement to state that this supplemental NPRM applies to 
airplanes having line numbers 002 through 283 inclusive. We find that 
the estimated number of affected airplanes in the Cost Impact section 
of the first supplemental NPRM is correct; thus, we have not changed 
this section of this second supplemental NPRM.

Request To Revise Compliance Time for Determining Installed Weight

    One commenter requests that we revise paragraph (a)(2) of the first 
supplemental NPRM to delete the words ``before further flight.'' The 
commenter states that any airplane on which placards have been 
installed according to paragraph (a)(1) of the proposed AD before the 
effective date of the AD will be grounded upon the effective date of 
the AD until the inspection and records check to determine the weight 
installed in placarded electrical racks is done.
    We agree and have revised paragraph (a)(2) of this second 
supplemental NPRM to specify a separate compliance time of 12 months 
after the effective date of the AD for airplanes on which the actions 
in paragraph (a)(1) were done before the effective date of the AD. For 
airplanes on which the actions in paragraph (a)(1) are done after the 
effective date of this AD, the actions in paragraph (a)(2) would 
continue to be required before further flight after the installation of 
the placards required by paragraph (a)(1).

Request To Give Credit for Actions Accomplished Previously

    One commenter requests that we revise paragraph (a)(1) of the first 
supplemental NPRM to include the words ``except as provided by 
paragraph (e) of this AD.'' The commenter states that adding this 
phrase will allow credit to operators who have already accomplished 
some of the AD requirements by doing Revision 1 of the service 
bulletin.
    We do not agree that any change is necessary in this regard. 
Paragraph (e) of the first supplemental NPRM, as well as this second 
supplemental NPRM, states that actions done before the effective date 
of the AD according to Boeing Special Attention Service Bulletin 777-
25-0144, dated January 25, 2001; or Revision 1, dated January 10, 2002; 
are acceptable for compliance with the corresponding actions required 
by this AD, which includes the actions in paragraph (a)(1).

Comment on Cost Impact Estimate

    One commenter estimates that approximately 205 work hours, 
including the time needed for rework, will be necessary to accomplish 
the requirements of the first supplemental NPRM on its fleet of 19 
airplanes. The commenter estimates that it will incur a total cost of 
$59,500, including parts and labor.
    Because the commenter states that it has no objection to the 
proposed requirements, we infer that the commenter is providing these 
data for our information. We find that the costs estimated by the 
commenter are consistent with the cost stated in the Cost Impact 
section of this second supplemental NPRM. No change is necessary in 
this regard.

Conclusion

    Since a certain change explained above expands the scope of the 
first supplemental NPRM, we have determined that it is necessary to 
reopen the comment period to provide additional opportunity for public 
comment.

Cost Impact

    There are approximately 282 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 84 airplanes of U.S. registry 
would be affected by this proposed AD.
    For all airplanes: The records check and inspection to determine 
the weight currently installed in electrical rack E7 would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact

[[Page 739]]

of this proposed records check and inspection on U.S. operators is 
estimated to be $5,460, or $65 per airplane.
    For all airplanes: It would take approximately 1 work hour to 
accomplish the proposed installation of a placard specifying weight 
limits for electrical rack E7, at an average labor rate of $65 per work 
hour. Required parts would cost approximately $29. Based on these 
figures, the cost impact of this proposed placard installation on U.S. 
operators is estimated to be $7,896, or $94 per electrical rack.
    For airplanes subject to the records check and inspection to 
determine the weight currently installed in electrical rack E9, E11, 
E13, or E15: It would take approximately 1 work hour per electrical 
rack (up to 4 racks per airplane) to accomplish, at an average labor 
rate of $65 per work hour. Based on these figures, the cost impact of 
this proposed records check and inspection is estimated to be as much 
as $260 per airplane.
    For airplanes subject to the installation of a placard specifying 
weight limits for electrical rack E9, E11, E13, or E15: It would take 
approximately 1 work hour per electrical rack to accomplish, at an 
average labor rate of $65 per work hour. Required parts would cost 
approximately $29 per electrical rack. Based on these figures, the cost 
impact of this proposed installation is estimated to be as much as $376 
per airplane.
    For airplanes subject to the inspection of the clevis end of the 
vertical support tie rod for the center stowage bin to measure the 
exposed thread: It would take as much as 3 work hours per airplane 
(0.25 work hour per tie rod, with up to 12 subject tie rods per 
airplane) at an average labor rate of $65 per work hour. Based on these 
figures, the cost impact of this proposed inspection is estimated to be 
as much as $195 per airplane.
    For airplanes subject to the replacement of the vertical tie rods 
that support the center stowage bins: It would take as much as 6 work 
hours per airplane (0.5 work hour per tie rod, with up to 12 subject 
tie rods per airplane) at an average labor rate of $65 per work hour. 
Required parts would cost as much as $3,020 per airplane. Based on 
these figures, this proposed replacement is estimated to be as much as 
$3,410 per airplane.
    For airplanes subject to the replacement of the vertical tie rods 
that support the electrical racks: It would take as much as 2 work 
hours per airplane (0.5 work hour per tie rod with up to 4 subject tie 
rods per airplane) at an average labor rate of $65 per work hour. 
Required parts would cost as much as $3,012 per airplane. Based on 
these figures, this proposed replacement is estimated to be as much as 
$3,142 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.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

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 adding the following new 
airworthiness directive:

Boeing: Docket 2001-NM-89-AD.

    Applicability: Model 777-200 and -300 series airplanes; 
certificated in any category; line numbers 002 through 283 
inclusive.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the vertical tie rods supporting certain 
electrical racks and the center stowage bins, which could cause the 
center stowage bins or electrical racks to fall onto passenger seats 
below during an emergency landing, impeding an emergency evacuation 
or injuring passengers, accomplish the following:

Inspection To Determine Weight and Placard Installation

    (a) For airplanes in the groups listed in the table under 
paragraph 3.B.1.b.(3) of the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 777-25-0144, Revision 2, dated 
January 15, 2004: Within 5 years after the effective date of this 
AD, do the applicable actions in paragraphs (a)(1) and (a)(2) of 
this AD.
    (1) Install placards that show weight limits for electrical 
racks E7, E11, and E15; as applicable; per the Accomplishment 
Instructions of the service bulletin.
    (2) For each electrical rack on which a placard was installed 
per paragraph (a)(1) of this AD: At the applicable compliance time 
specified in paragraph (a)(2)(i) or (a)(2)(ii) of this AD, perform a 
one-time inspection and records check to determine the weight of 
equipment installed in that electrical rack. This records review and 
inspection must include determining what extra equipment, if any, 
has been installed in the subject rack of the airplane, performing a 
detailed

[[Page 740]]

inspection to determine whether this equipment is installed on the 
airplane, calculating the total weight of the installed equipment, 
and comparing that total to the weight limit specified on the 
placard installed per paragraph (a)(1) of this AD. If the weight is 
outside the limits specified in the placard to be installed per the 
service bulletin, before further flight, remove equipment from the 
rack to meet the weight limit specified in the placard.
    (i) For airplanes on which the actions required by paragraph 
(a)(1) of this AD were done before the effective date of this AD: 
Within 12 months after the effective date of this AD.
    (ii) For airplanes on which the actions required by paragraph 
(a)(1) of this AD are done after the effective date of this AD: 
Before further flight after installing the placards.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Inspection To Measure Exposed Thread and Corrective Actions

    (b) For airplanes in the groups listed in the table under 
paragraph 3.B.1.b.(1) of the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 777-25-0144, Revision 2, dated 
January 15, 2004: Within 5 years after the effective date of this 
AD, perform a detailed inspection of the clevis end of the vertical 
support tie rod for the center stowage bin to measure the exposed 
thread, per the Accomplishment Instructions of the service bulletin. 
If the measurement of the exposed thread is outside the limits 
specified in Figure 2 of the service bulletin, before further 
flight, perform all corrective actions specified in steps 2 through 
14 inclusive of Figure 2 of the service bulletin (including 
installing a threaded sleeve, torquing the jam nuts, inserting a pin 
in the witness hole to ensure that the witness hole is blocked by 
the clevis shank, and making any applicable adjustment of the 
clevis). Perform the corrective actions per the Accomplishment 
Instructions of the service bulletin, except as provided by 
paragraph (e) of this AD.

Replacement of Tie Rods for Center Stowage Bin

    (c) For airplanes in Group 21, as listed in the Airplane Group 
column of the table under 3.B.1.b.(2) of the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 777-25-
0144, Revision 2, dated January 15, 2004: Within 5 years after the 
effective date of this AD, replace the vertical support tie rods for 
the center stowage bin with new improved tie rods (including 
replacing the existing tie rod with a new improved tie rod, torquing 
the jam nuts, inserting a pin in the witness hole to ensure that the 
witness hole is blocked by the clevis shank, and making any 
applicable adjustment of the clevis) by doing all actions specified 
in steps 1 through 8 of Figure 3 of the service bulletin. Do these 
actions per the Accomplishment Instructions of the service bulletin. 
Any required adjustment of the clevis must be done before further 
flight.

Inspection To Determine Weight, Tie Rod Replacement, and Placard 
Installation

    (d) For airplanes in the groups listed in the table under 
paragraph 3.B.1.b.(4) of the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 777-25-0144, Revision 2, dated 
January 15, 2004: Do the actions in paragraphs (d)(1), (d)(2), and 
(d)(3) of this AD.
    (1) Within 5 years after the effective date of this AD, replace 
the vertical support tie rods for electrical racks E9, E11, and E13 
(including replacing the existing tie rods with new improved tie 
rods, replacing an existing tie rod clamp with a new improved tie 
rod clamp, performing a free-play inspection of certain electrical 
racks, adjusting jam nuts as applicable, performing a general visual 
inspection through the witness hole to make sure tie rod threads are 
visible, and making any applicable adjustment to ensure tie rod 
threads are visible) by doing all actions specified in Figures 5, 6, 
7, and 9 of the service bulletin; as applicable. Do these actions 
per the Accomplishment Instructions of the service bulletin. Any 
required adjustment must be done before further flight.
    (2) Before further flight after accomplishing paragraph (d)(1) 
of this AD, install placards that show weight limits for electrical 
racks E9, E11, and E13; as applicable; per the Accomplishment 
Instructions of the service bulletin.
    (3) For each electrical rack on which a placard was installed 
per paragraph (d)(2) of this AD: Before further flight after 
accomplishing paragraphs (d)(1) and (d)(2) of this AD, perform a 
one-time inspection and records check to determine the weight of 
equipment installed in that electrical rack. This records review and 
inspection must include determining what, if any, extra equipment 
has been installed in the subject racks of the airplane, performing 
a detailed inspection to determine that this equipment is installed 
on the airplane, calculating the total weight of the installed 
equipment, and comparing that total to the weight limit specified on 
the placard installed per paragraph (d)(2) of this AD. If the weight 
is outside the limits specified in the placard, before further 
flight, remove equipment from the rack to meet the weight limit 
specified in the placard.

Actions Accomplished Previously

    (e) Actions accomplished before the effective date of this AD 
per the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 777-25-0144, dated January 25, 2001; or Revision 1, 
dated January 10, 2002; are acceptable for compliance with the 
corresponding actions required by this AD, provided that the 
additional actions specified in Part 2 or 3 of the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 777-25-
0144, Revision 2, dated January 15, 2004, are accomplished within 
the compliance time specified in this AD.

Alternative Methods of Compliance

    (f) 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.

    Issued in Renton, Washington, on December 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-171 Filed 1-4-05; 8:45 am]
BILLING CODE 4910-13-P