[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Rules and Regulations]
[Pages 17590-17591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6684]


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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; 
Amendment 39-14040; AD 2005-07-16]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 767-400ER, 777-200, and 777-300 series airplanes. 
This AD requires replacing, with new parts, the existing tie-down 
fitting studs that secure galleys, purser work stations, and closets to 
the seat tracks. This AD is 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.

DATES: This AD becomes effective May 12, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of May 
12, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. 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 U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
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: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Boeing Model 767-400ER, 777-200, and 777-300 
series airplanes. That action, published in the Federal Register on 
January 12, 2005 (70 FR 2064), proposed to require replacing, with new 
parts, the existing tie-down fitting studs that secure galleys, purser 
work stations, and closets to the seat tracks.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment that has been 
submitted on the proposed AD. The commenter supports the proposed AD.

Explanation of Change to Proposed AD

    We have changed the number of airplanes in the Costs of Compliance 
paragraph to reflect information received from the airplane 
manufacturer.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been submitted, and determined that air safety and the 
public interest require adopting the AD with the change described 
previously. We have determined that this change will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 355 airplanes of the affected design in the 
worldwide fleet, including about 124 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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                                                                                                                     Number of U.S.-
                 Airplane model                              Work hours                   Parts         Cost per       registered         Fleet cost
                                                                                                        airplane        airplanes
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767-400ER......................................  10................................          $6,221          $6,871               6              $41,226
777-200 and -300...............................  6-30 (depending on configuration).    1,464-19,761    1,854-21,711             118    218,772-2,561,898
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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

[[Page 17591]]

products identified in this rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-07-16 Boeing: Amendment 39-14040. Docket No. FAA-2005-20026; 
Directorate Identifier 2004-NM-150-AD.

Effective Date

    (a) This AD becomes effective May 12, 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 identified 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 of the actions specified in 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, FAA, has 
the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Material Incorporated by Reference

    (i) You must use Boeing Service Bulletin 767-25-0338, dated 
October 9, 2003; or Boeing Service Bulletin 777-25-0217, dated July 
17, 2003; as applicable; to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approves the incorporation by reference of these 
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To 
get copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. To view 
the AD docket, go to the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street, SW., room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at the 
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 24, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6684 Filed 4-6-05; 8:45 am]
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