[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Rules and Regulations]
[Pages 36826-36829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12510]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-89-AD; Amendment 39-14165; AD 2005-13-28]
RIN 2120-AA64


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

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 777-200 and -300 series airplanes. 
This AD requires 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 actions specified by this 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: Effective August 1, 2005.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of August 1, 2005.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 777-200 and -
300 series airplanes was published as a supplemental notice of proposed 
rulemaking (NPRM) in the Federal Register on January 5, 2005 (70 FR 
737). 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Supplemental NPRM

    Two commenters support the supplemental NPRM. One of these 
commenters states that the applicable requirements for its 19 affected 
airplanes will take 13 work hours to accomplish, with a parts cost of 
$2,072 per airplane. This is consistent with the costs estimated in the 
supplemental NPRM.

Request To Extend Compliance Time for Weight Inspection/Records Check

    One commenter requests that we revise paragraph (d)(3) of the 
supplemental NPRM to extend the compliance time for accomplishing the 
inspection and records check to determine the weight of equipment 
installed in the subject electrical racks. The commenter notes that, by 
the time the AD is issued, it will have accomplished the actions 
specified in paragraphs (d)(1) and (d)(2) of the supplemental NPRM in 
accordance with the referenced service bulletin. However, it will not 
have accomplished the actions specified in paragraph (d)(3) of the 
supplemental NPRM because those actions are not specified in the 
service bulletin. The commenter requests that compliance time language 
similar to that in paragraph (a)(2)(i) of the supplemental NPRM be 
added to paragraph (d)(3). (Paragraph (a)(2)(i) of the supplemental 
NPRM gives a compliance time of up to 12 months after the effective 
date of the AD for checking the weight installed in certain electrical 
racks on airplanes on which the placard installation specified in 
paragraph (a)(1) has been accomplished before the effective date of the 
AD.)
    We concur. The actions in paragraph (d)(3) of this AD are similar 
to those in paragraph (a)(2), and the compliance time should also be 
similar. Accordingly, we have revised paragraph (d)(3) of this AD, and 
added paragraphs (d)(3)(i) and (d)(3)(ii) to this AD, to allow up to 12 
months for accomplishing the weight check on airplanes on which the 
actions in paragraphs (d)(1) and (d)(2) of this AD have been 
accomplished before the effective date of this AD.

Request To Clarify Credit for Actions Accomplished Previously

    The same commenter states that paragraph (e), ``Actions 
Accomplished Previously,'' contradicts the rest of the supplemental 
NPRM. The commenter states that paragraph (e) implies that no further 
work is necessary if a previous revision of the service bulletin was 
accomplished before the effective date of the AD. The commenter states 
that this would mean that the weighing of electrical racks, which is 
not referenced in the service bulletins, would not be done.
    We do not agree. Paragraph (e) states that actions accomplished 
before the

[[Page 36827]]

effective date of the AD per an earlier revision of the service 
bulletin are acceptable for compliance with corresponding actions 
required by this AD. For example, if placards were installed on 
electrical racks E7, E11, and E15, in accordance with the original 
issue of the referenced service bulletin, the placards would not have 
to be reinstalled in accordance with Revision 2 of the service 
bulletin. Because the procedures in the original issue of the service 
bulletin for accomplishing the placard installation are exactly the 
same as the procedures in Revision 2, there is no need to repeat the 
installation of placards to establish compliance with the AD. However, 
as paragraph (e) states, any actions in Revision 2 of the service 
bulletin (e.g., in Part 2 or 3 of the Accomplishment Instructions) that 
were not included in the original issue of the service bulletin must 
still be done in accordance with Revision 2. Likewise, the weighing of 
equipment that is specified in this AD is still required.
    However, we agree that it is possible to clarify paragraph (e) of 
this AD in this regard. Therefore, we have added a sentence to 
paragraph (e) of this AD to state that the weighing requirements in 
paragraphs (a)(2) and (d)(3) of the AD must be accomplished at the 
applicable times identified in those paragraphs.

Request To Refer to Revised Service Information

    One commenter notes that information that it received from Boeing 
indicates that Boeing would be revising the service bulletin referenced 
in the supplemental NPRM. The commenter states that Boeing has 
indicated that Figure 8 of the service bulletin does not need to be 
done if the crew rest has been modified. The commenter states that, if 
Boeing doesn't update the service bulletin in time, operators of 
airplanes with the modified crew rest may have to request an 
alternative method of compliance (AMOC).
    We infer that the commenter is requesting that we delay issuance of 
the final rule until Boeing has released the revised service bulletin. 
We do not concur. The revision of the service bulletin to which the 
commenter refers is not yet available. We find that it would be 
inappropriate to delay the issuance of this final rule to wait for the 
service bulletin to be revised. The commenter may request approval of 
an AMOC for the relevant requirements of this AD. The request must 
include data substantiating that the AMOC would provide an acceptable 
level of safety. We have not changed the final rule in this regard.

Explanation of Editorial Change to Final Rule

    We have revised paragraphs (a), (b), (c), and (d)(1) of this final 
rule to state the compliance times in months (i.e., 60 months) instead 
of years (i.e., 5 years).

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the changes previously described. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Cost Impact

    There are approximately 282 airplanes of the affected design in the 
worldwide fleet. We estimate that 84 airplanes of U.S. registry will be 
affected by this AD.
    For all airplanes: The records check and inspection to determine 
the weight currently installed in electrical rack E7 will 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 of this records check and inspection on U.S. operators is 
estimated to be $5,460, or $65 per airplane.
    For all airplanes: It will take approximately 1 work hour to 
accomplish the installation of a placard specifying weight limits for 
electrical rack E7, at an average labor rate of $65 per work hour. 
Required parts will cost approximately $29 per airplane. Based on these 
figures, the cost impact of this 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 will 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 
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 will take 
approximately 1 work hour per electrical rack to accomplish, at an 
average labor rate of $65 per work hour. Required parts will cost 
approximately $29 per electrical rack. Based on these figures, the cost 
impact of this 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 will 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 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 will 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 will cost as much as $3,020 per airplane. Based on these 
figures, this 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 will 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 will cost as much as $3,012 per airplane. Based on these figures, 
this 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 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

[[Page 36828]]

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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2005-13-28 Boeing: Amendment 39-14165. 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 60 months 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 review 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 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 60 months 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 60 months 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 60 months 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: At the applicable compliance time 
specified in paragraph (d)(3)(i) or (d)(3)(ii) of

[[Page 36829]]

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.
    (i) For airplanes on which the actions required by paragraphs 
(d)(1) and (d)(2) 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 paragraphs 
(d)(1) and (d)(2) of this AD are done after the effective date of 
this AD: Before further flight after installing the placards.

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. The weighing requirements 
in paragraphs (a)(2) and (d)(3) of this AD must be accomplished at 
the applicable times identified in those paragraphs.

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.

Incorporation by Reference

    (g) Unless otherwise specified in this AD, the actions must be 
done in accordance with Boeing Special Attention Service Bulletin 
777-25-0144, Revision 2, dated January 15, 2004. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of 
this service information, go to Boeing Commercial Airplanes, P.O. 
Box 3707, Seattle, Washington 98124-2207. To inspect copies of this 
service information, go to the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or 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.

Effective Date

    (h) This amendment becomes effective on August 1, 2005.

    Issued in Renton, Washington, on June 15, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12510 Filed 6-24-05; 8:45 am]
BILLING CODE 4910-13-P