[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Proposed Rules]
[Pages 2064-2066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-614]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20026; Directorate Identifier 2004-NM-150-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-400ER, 777-200, and 
777-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 767-400ER, 777-200, and 777-300 series 
airplanes. This proposed AD would require replacing, with new parts, 
the existing tie-down fitting studs that secure galleys, purser work 
stations, and closets to the seat tracks. This proposed AD is prompted 
by a report that tie-down fitting studs were found damaged. We are 
proposing this AD to prevent a galley, purser work station, or closet 
from detaching from the tie-down fitting studs during an emergency 
landing, which could injure passengers or crewmembers, or obstruct 
escape routes and impede emergency evacuation.

DATES: We must receive comments on this proposed AD by February 28, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW, Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 2065]]

    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW, room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20026; the directorate identifier for this docket is 
2004-NM-150-AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20026; 
Directorate Identifier 2004-NM-150-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that website, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    We have received a report indicating that tie-down fitting studs, 
which secure galleys, purser work stations, and closets to the seat 
tracks, have been found cracked or deformed on a Boeing 777-200 series 
airplane during production. Investigation revealed that the original 
torque values were too high, which damaged the fitting studs during 
installation. This condition, if not corrected, could result in a 
galley, purser work station, or closet detaching from the tie-down 
fitting studs during an emergency landing, which could injure 
passengers or crewmembers, or obstruct escape routes and impede 
emergency evacuation.
    The subject tie-down fitting studs were also installed on Boeing 
Model 767-400ER and 777-300 series airplanes using the same original 
torque values used on Model 777-200 series airplanes. Therefore, all of 
these models may be subject to the same unsafe condition.

Relevant Service Information

    We have reviewed Boeing Service Bulletins 767-25-0338, dated 
October 9, 2003; and 777-25-0217, dated July 17, 2003. Those service 
bulletins describe procedures for replacing, with new parts, the 
existing tie-down fitting studs that secure galleys, purser work 
stations, and floor-mounted closets to the seat tracks. Accomplishing 
the actions specified in the service information is intended to 
adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. Therefore, we are proposing this AD, which 
would require accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Differences Between the Proposed AD and Service Information.''

Differences Between the Proposed AD and Service Information

    The compliance time for the actions that would be required by the 
proposed AD differs from the compliance times recommended in the 
service information. Boeing Service Bulletin 767-25-0338 recommends 
doing the actions ``at the next maintenance period when manpower and 
facilities are available.'' Boeing Service Bulletin 777-25-0217 
recommends doing the actions at the ``next convenient maintenance 
opportunity, not to exceed 7 years from the initial release'' of the 
service bulletin. In developing an appropriate compliance time for this 
AD, we considered the manufacturer's recommendation, the degree of 
urgency associated with the subject unsafe condition, and the time 
necessary to perform the proposed actions. In light of all of these 
factors, we find that a 60-month compliance time represents an 
appropriate interval of time for affected airplanes to continue to 
operate without compromising safety. We have coordinated this 
difference with Boeing, and they concur with our proposed compliance 
time.

Costs of Compliance

    There are about 349 airplanes of the affected design in the 
worldwide fleet, including about 118 U.S.-registered airplanes. The 
following table provides the estimated costs for U.S. operators to 
comply with this proposed AD, at an average labor rate of $65 per hour.

                                                                     Estimated Costs
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                                                                       Work hours
                                                                       (for U.S.-                       Cost per      No. of U.S.-
                           Airplane model                              registered         Parts         airplane       registered         Fleet cost
                                                                       airplanes)                                       airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
767-400ER..........................................................              10          $6,221          $6,871               6              $41,226
777-200 and -300...................................................        \1\ 6-30    1,464-19,761    1,854-21,711             118   218,772-2,561,898
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Depending on configuration.


[[Page 2066]]

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 Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Boeing: Docket No. FAA-2005-20026; Directorate Identifier 2004-NM-
150-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by February 28, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-400ER series airplanes, 
certificated in any category, having Variable Numbers VQ071 through 
VQ076 inclusive; and Model 777-200 and -300 series airplanes, 
certificated in any category, as listed in Boeing Service Bulletin 
777-25-0217, dated July 17, 2003.

Unsafe Condition

    (d) This AD was prompted by a report that tie-down fitting studs 
were found damaged. We are issuing this AD to prevent a galley, 
purser work station, or closet from detaching from the tie-down 
fitting studs during an emergency landing, which could injure 
passengers or crewmembers, or obstruct escape routes and impede 
emergency evacuation.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement

    (f) Within 60 months after the effective date of this AD: 
Replace, with new parts, the existing tie-down fitting studs that 
secure galleys, purser work stations, and floor-mounted closets to 
the seat tracks, by doing all actions in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 767-25-0338, 
dated October 9, 2003 (for Boeing Model 767-400ER series airplanes); 
or Boeing Service Bulletin 777-25-0217, dated July 17, 2003 (for 
Boeing Model 777-200 and -300 series airplanes); as applicable.

Replacements Accomplished According to Previous Issue of Service 
Bulletin

    (g) For Boeing Model 777-200 and -300 series airplanes: 
Replacements accomplished before the effective date of this AD 
according to Boeing Service Bulletin 777-25-0217, dated July 18, 
2002, are considered acceptable for compliance with the 
corresponding action specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

    Issued in Renton, Washington, on December 30, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-614 Filed 1-11-05; 8:45 am]
BILLING CODE 4910-13-P