[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Proposed Rules]
[Pages 7691-7693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2833]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20357; Directorate Identifier 2004-NM-120-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (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 series airplanes. This proposed AD would 
require replacing hinge assemblies with new hinge assemblies in the 
outboard overhead stowage bins and reworking hinge assemblies in the 
outboard overhead stowage bins that are adjacent to curtain tracks. 
This proposed AD is prompted by reports of hinge assemblies of outboard 
overhead stowage bins breaking or the stowage bin doors not latching 
properly. We are proposing this AD to prevent the outboard overhead 
stowage bins opening during flight and releasing baggage, and 
consequently cause passenger injury and blockage of the aisles during 
emergency egress.

DATES: We must receive comments on this proposed AD by April 1, 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.
    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 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-2005-20357; the directorate identifier for this docket is 
2004-NM-120-AD.

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

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20357; 
Directorate Identifier 2004-NM-120-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 Web site, 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

[[Page 7692]]

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 operators have 
experienced instances of hinge assemblies breaking on outboard overhead 
stowage bins on Boeing Model 767 series airplanes. It has been 
determined that the hinge assemblies do not meet strength standards and 
could break or latch improperly. This condition, if not corrected, 
could result in the outboard overhead stowage bins opening during 
flight and releasing baggage, and consequently cause passenger injury 
and blockage of the aisles during emergency egress.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 767-25-
0078, Revision 4, dated June 10, 2004. The service bulletin describes 
procedures for replacing the hinge assemblies in the outboard overhead 
stowage bins with new, stiffer four-bar linkage hinge assemblies. The 
service bulletin also describes procedures for reworking hinge 
assemblies in the outboard overhead stowage bins that are adjacent to 
curtain tracks. This service bulletin supersedes Boeing Service 
Bulletin 767-25-47. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition, 
except as described in ``Differences Between the Proposed AD and the 
Service Bulletin.''

Differences Between the Proposed AD and the Service Bulletin

    Although the service bulletin recommends accomplishing the hinge 
assembly replacements ``as soon as manpower and facilities are 
available,'' the manufacturer has recommended a compliance time of 72 
months.
    Although the service bulletin specifies that operators may contact 
the manufacturer for disposition of certain repair conditions, this 
proposed AD would require operators to repair those conditions 
according to a method approved by the FAA.
    These differences have been coordinated with the manufacturer.

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 replacing hinge assemblies having part number 413T1017-() 
with new hinge assemblies having part number 413T1002-() in the 
outboard overhead stowage bins. The proposed AD would require you to 
use the service information described previously to perform these 
actions.

Costs of Compliance

    There are about 172 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 75 airplanes of 
U.S. registry. The proposed actions would take about 20 work hours (.33 
work hours per stowage bins; there are about 60 bins on an airplane) 
per airplane, at an average labor rate of $65 per work hour. Required 
parts would cost about $154,560 per airplane ($2,576 per bin). Based on 
these figures, the estimated cost of the proposed AD for U.S. operators 
is $11,689,500, or $155,860 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the actions required by this 
AD, and that no operator would accomplish those actions in the future 
if this AD were not adopted. However, we have been advised that the 
terminating modification has already been installed on some affected 
overhead stowage bins on some airplanes. Therefore, the future economic 
cost impact of this rule on U.S. operators is expected to be less than 
the cost impact figure indicated above.

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-2005-20357; Directorate Identifier 2004-NM-
120-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by April 1, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200 and -300 series 
airplanes, certificated in any category; as listed in Boeing Special 
Attention Service Bulletin 767-25-0078, Revision 4, June 10, 2004.

[[Page 7693]]

Unsafe Condition

    (d) This AD was prompted by reports of hinge assemblies of 
outboard overhead stowage bins breaking or the stowage bin doors not 
latching properly. We are issuing this AD to prevent the outboard 
overhead stowage bins opening during flight and releasing baggage, 
and consequently cause passenger injury and blockage of the aisles 
during emergency egress.

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 72 months after the effective date of this AD, do 
paragraphs (f)(1) and (f)(2) of this AD.
    (1) Replace both hinge assemblies in the outboard overhead 
stowage bins with new hinge assemblies, in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-25-0078, Revision 4, dated June 10, 2004. If, during 
the replacement, any hinge does not close within the limits 
specified in the service bulletin, before further flight, repair the 
hinge according to a method approved by the Manager, Seattle 
Aircraft Certification Office (ACO), FAA. For a repair 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.
    (2) Rework hinges that are in stowage bins located adjacent to a 
curtain track in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 767-25-0078, Revision 4, 
dated June 10, 2004.

Previously Accomplished Actions

    (g) Replacement of the hinge assemblies with new hinge 
assemblies accomplished before the effective date of this AD in 
accordance with a Boeing service bulletin listed in Table 1 of this 
AD is acceptable for compliance with the requirements of paragraph 
(f) of this AD, except as specified in paragraph (h) of this AD.

              Table 1.--Acceptable Boeing Service Bulletins
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          Boeing--               Revision level             Dated
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Service Bulletin 767-25-0078  Original............  June 25, 1987.
Service Bulletin 767-25-0078  1...................  May 19, 1988.
Service Bulletin 767-25-0078  2...................  March 16, 1989.
 (see paragraph (h) of this
 AD).
Special Attention Service     3...................  July 12, 2001.
 Bulletin 767-25-0078.
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    (h) Boeing Special Attention Service Bulletin 767-25-0078, 
Revision 2, dated March 16, 1989, allows for replacement of the 
hinge assemblies on an attrition basis (replacing the existing hinge 
assembly when it is broken or worn beyond functionality with a new 
hinge assembly). For this reason, airplanes that have been modified 
in accordance with Boeing Special Attention Service Bulletin 767-25-
0078, Revision 2, dated March 16, 1989, may still have some hinge 
assemblies that have not been replaced or reworked per the service 
bulletin. In such cases, this AD requires that all applicable hinge 
assemblies be replaced and reworked within the compliance time 
specified in paragraph (f).

Parts Installation

    (i) As of the effective date of this AD, no one may install a 
hinge assembly in the outboard overhead stowage bins, having part 
number 413T1017-() on any airplane to which this AD applies.

Alternative Methods of Compliance (AMOCs)

    (j) 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 February 6, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-2833 Filed 2-14-05; 8:45 am]
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