[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Proposed Rules]
[Pages 24488-24490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9272]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21170; Directorate Identifier 2002-NM-124-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 and 767-300 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 767-200 and 767-300 series airplanes. This 
proposed AD would require performing a general visual inspection to 
determine the part number of the I-beams of the center overhead stowage 
bin modules to identify I-beams having 9.0g (gravitational 
acceleration) tie rods attached and to determine the configuration of 
the center overhead stowage bin modules; and, for certain center 
overhead stowage bin modules, installation of support straps. This AD 
was prompted by the results of tests conducted by the airplane 
manufacturer. We are proposing this AD to prevent failure of the 
attachment of the 9.0g tie rods to the center overhead stowage bin 
modules. This failure could result in collapse of those stowage bin 
modules, and consequent injury to passengers and crew and interference 
with their ability to evacuate the airplane in an emergency.

DATES: We must receive comments on this proposed AD by June 24, 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 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-2005-21170; the directorate identifier for this 
docket is 2002-NM-124-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 relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-21170; 
Directorate Identifier 2002-NM-124AD'' 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 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

    The airplane manufacturer has notified us that, during tests it 
conducted, some center overhead stowage bin modules failed at 6.6g 
(gravitational acceleration) along the 9.0g tie rod forward bolt line. 
Based on the results of these tests, we have determined that center 
overhead stowage bin modules may not meet the 9.0g forward load 
requirements of section 25.561 (``General'') of the Federal Aviation 
Regulations (14 CFR 25.561). As a result, the center overhead stowage 
bin modules may collapse, causing injury to passengers and crew and 
interfere with their ability to evacuate the airplane in an emergency. 
The actions specified by the proposed AD are intended to prevent 
failure of the attachment of the 9.0g tie rods to the center overhead 
stowage bin modules. This failure could result in collapse of those 
stowage bin modules, and consequent injury to passengers and crew and 
interference with their ability to evacuate the airplane in an 
emergency.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 767-25-
0320, dated April 11, 2002. The service bulletin describes procedures 
for

[[Page 24489]]

performing a general visual inspection to determine the part number (P/
N) of the I-beams of the center overhead stowage bin modules to 
identify I-beams having 9.0g tie rods attached and to determine the 
configuration of the center overhead stowage bin modules. For I-beams 
having certain P/Ns and stowage bin modules having certain 
configurations, the service bulletin also describes procedures for 
installing reinforcement straps. 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 
``Difference Between the Proposed AD and Service Information.''

Difference Between the Proposed AD and Service Information

    The service bulletin does not recommend a compliance time for 
accomplishing the general visual inspection to determine the P/N of the 
I-beams of the center overhead stowage bin modules to identify I-beams 
having 9.0g tie rods attached and to determine the configuration of the 
center overhead stowage bin modules; or for the installation of support 
straps for certain center overhead stowage bin modules. In developing 
an appropriate compliance time for this proposed AD, we considered the 
degree of urgency associated with the subject unsafe condition, the 
average utilization of the affected fleet, and the time necessary to 
perform the inspection and installation (13 hours, per I-beam). In 
light of all of these factors, we find that a 36-month compliance time 
represents an appropriate interval of time for affected airplanes to 
continue to operate without compromising safety. This has been 
coordinated with the manuafacturer.

Costs of Compliance

    There are about 747 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD. There are approximately 
13 center overhead stowage bin modules per airplane and one I-beam per 
module.

                                                                     Estimated Costs
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                                                  Average                                                                                     Number of
                                          Work     labor                                                                                        U.S.-
                 Action                   hours  rate per                   Parts                              Cost per airplane              registered
                                                   hour                                                                                       airplanes
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1. Inspection to determine P/N and            1       $65  None..................................  $65, per I-beam.........................          281
 configuration, per I-beam.
2. Strap installation, per I-beam......      12       $65  $816, per I-beam......................  $1,596, per I-beam......................          281
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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 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-2005-21170; Directorate Identifier 2002-NM-
124-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by June 24, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200 and 767-300 series 
airplanes, certificated in any category; as identified in Boeing 
Special Attention Service Bulletin 767-25-0320, dated April 11, 
2002.

Unsafe Condition

    (d) This AD was prompted by the results of tests conducted by 
the airplane manufacturer. We are issuing this AD to prevent failure 
of the attachment of the 9.0g (gravitational acceleration) tie rods 
to the center overhead stowage bin modules. This failure could 
result in collapse of those

[[Page 24490]]

stowage bin modules, and consequent injury to passengers and crew 
and interference with their ability to evacuate the airplane in an 
emergency.

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.

Inspection To Determine I-beam Part Number (P/N)

    (f) Within 36 months after the effective date of this AD: 
Perform a general visual inspection of the center overhead stowage 
bin modules to determine the P/N of each I-beam and to determine the 
configuration of each center overhead stowage bin module. Do the 
inspection in accordance with Boeing Special Attention Service 
Bulletin 767-25-0320, dated April 11, 2002.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

    (g) For any I-beam found having P/N 412T2040-29 during the 
inspection required by paragraph (f) of this AD: No further action 
is required by this AD for that I-beam only.

Support Strap Installation

    (h) For any I-beam found having a P/N other than P/N 412T2040-29 
during the inspection required by paragraph (f) of this AD: Before 
further flight, do the actions in paragraph (h)(1) or (h)(2) of this 
AD, as applicable, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 767-25-
0320, dated April 11, 2002.
    (1) If the forward-most stowage bin module was inspected: Before 
further flight, install support straps having P/N 412T2043-101 and 
412T2043-102 on the center overhead stowage bin module, in 
accordance with Figures 3, 4, and 5 of the Accomplishment 
Instructions of the service bulletin.
    (2) If the stowage bin module inspected was other than the 
forward-most stowage bin module: Before further flight, do the 
actions specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD, 
as applicable.
    (i) For center overhead stowage bin modules having 
``Configuration A,'' as specified in the service bulletin: Before 
further flight, do the actions specified in paragraph (h)(1) of this 
AD.
    (ii) For center overhead stowage bin modules having a 
configuration other than ``Configuration A,'' as specified in the 
service bulletin: Prior to further flight, install two support 
straps having P/N 412T2043-119 on the center overhead stowage bin 
module, in accordance with Figures 3, 4, and 6 of the Accomplishment 
Instructions of the service bulletin.

Alternative Methods of Compliance (AMOCs)

    (i) 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 May 3, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-9272 Filed 5-9-05; 8:45 am]
BILLING CODE 4910-13-P