[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Rules and Regulations]
[Pages 44276-44278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15017]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20661; Directorate Identifier 2004-NM-261-AD; 
Amendment 39-14206; AD 2005-16-01]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-200B, 747-300, 747-
400, and 747-400D Series Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 747-200B, 747-300, 747-400, and 747-400D series 
airplanes. This AD requires modifying the lateral shear beam for the 
Door 5 crew rest and, for certain airplanes, replacing Zone E tie rods 
and modifying the Zone E stowbin ladder. This AD results from a report 
indicating that the lateral shear beam for the Door 5 crew rest does 
not meet the 9G forward loading requirement. We are issuing this AD to 
prevent the structural support for the Door 5 crew rest and Zone E 
stowbins from failing, which could result in the crew rest or stowbins 
falling during an emergency and consequent injury to crew and 
passengers.

DATES: This AD becomes effective September 6, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of September 6, 
2005.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Don Wren, 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) 917-6451; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the AD docket 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 street address stated in the ADDRESSES section. This 
docket number is FAA-2005-20661; the directorate identifier for this 
docket is 2004-NM-261-AD.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Boeing Model 
747-200B, 747-300, 747-400, and 747-400D series airplanes. That NPRM 
was published in the Federal Register on March 22, 2005 (70 FR 14428). 
That NPRM proposed to require modifying the lateral shear beam for the 
Door 5 crew rest and, for certain airplanes, replacing the Zone E tie 
rods and modifying the Zone E stowbin ladder.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Support for the Proposed AD

    One commenter, the manufacturer, supports the proposed AD.

Request To Reduce Compliance Time

    One commenter requests that the compliance time of 5 years to 
accomplish the actions specified in the proposed AD be shortened 
substantially. The commenter states that a 5-year compliance time is 
too long given that the affected lateral shear beam does not meet the 
9G forward loading requirement.
    We do not agree. The lateral shear beam has been substantiated to 
be structurally capable of carrying all flight, gust, and ground loads 
that may be encountered during normal operations by the subject Model 
747-200B, 747-300, 747-400, and 747-400D series airplanes. The 9G 
forward loading requirement of section 25.561 (``General'') of the 
Federal Aviation Regulations (14 CFR 25.561) is an emergency landing 
load condition only

[[Page 44277]]

and there is a very low probability that such loads will be 
encountered.
    In developing the compliance time to adequately address the subject 
unsafe condition, we considered the degree of urgency associated with 
unsafe condition, the average utilization of the affected fleet, and 
the time necessary to perform the modification. In light of all of 
these factors, we found a compliance time of 60 months for completing 
the proposed modification to be warranted, in that it allows operators 
to schedule the modification during a routine heavy check and 
represents an appropriate interval of time for affected airplanes to 
continue to operate without compromising safety. This compliance time 
was coordinated with the manufacturer. We have not revised the final 
rule in this regard.

Request To Clarify Applicability

    One commenter requests that the applicability be clarified. The 
commenter suggests adding wording to exclude freighters and special 
freighters. The commenter notes that the Door 5 crew rest is only 
applicable to passenger airplanes.
    We agree that the proposed AD is applicable only to passenger 
models equipped with a Door 5 crew rest.
    The applicability of the proposed AD includes Model 747-200B, 747-
300, 747-400, and 747-400D series airplanes as identified in specific 
Boeing service bulletins. All of the airplanes identified in these 
service bulletins are passenger models equipped with a Door 5 crew 
rest; none of the airplanes identified in the service bulletins are 
freighters or special freighters. Therefore, it is not necessary to 
clarify the applicability to exclude freighters and special freighters. 
We have not revised the final rule in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    There are about 424 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 65 airplanes of U.S. 
registry. The following table provides the estimated costs for U.S. 
operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Average                                          Number of
                                                            Work      labor                                             U.S.-
                         Action                            hours     rate per        Parts        Cost per airplane  registered         Fleet cost
                                                                       hour                                           airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modification...........................................     86-207        $65     $7,095-$37,770    $12,685-$51,225          65      $824,525-$3,329,625
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 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 and placed it in the AD docket. 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

    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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-16-01 Boeing: Amendment 39-14206. Docket No. FAA-2005-20661; 
Directorate Identifier 2004-NM-261-AD.

Effective Date

    (a) This AD becomes effective September 6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Boeing airplanes, certificated in any 
category, specified in paragraphs (c)(1), (c)(2), and (c)(3) of this 
AD.
    (1) Model 747-200B and 747-300 series airplanes identified in 
Boeing Special Attention Service Bulletin 747-53-2497, dated 
November 4, 2004.
    (2) Model 747-200B and 747-300 series airplanes on which Boeing 
Service Bulletins 747-25-2716, 747-25-2724, and 747-25-2784 have 
been done.
    (3) Model 747-400 and 747-400D series airplanes identified in 
Boeing Special Attention Service Bulletin 747-53-2481, dated October 
24, 2002.

Unsafe Condition

    (d) This AD was prompted by a report that the lateral shear beam 
for the Door 5 crew rest does not meet the 9G forward loading 
requirement. We are issuing this AD to prevent the structural 
support for the Door 5 crew rest and Zone E stowbins from failing, 
which could result in the crew rest or stowbins falling during an 
emergency and consequent injury to crew and passengers.

[[Page 44278]]

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.

Model 747-200B and 747-300: Modification

    (f) Within 60 months after the effective date of this AD, modify 
the lateral shear beam for the Door 5 crew rest by accomplishing all 
of the actions specified in the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 747-53-2497, dated 
November 4, 2004.

Model 747-400 and 747-400D: Modification and Replacement

    (g) Within 60 months after the effective date of this AD, modify 
the lateral shear beam for the Door 5 crew rest, replace the Zone E 
tie rods, and modify the Zone E stowbin ladder, by accomplishing all 
of the actions specified in the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 747-53-2481, dated October 
24, 2002.

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.

Material Incorporated by Reference

    (i) You must use Boeing Special Attention Service Bulletin 747-
53-2481, dated October 24, 2002; or Boeing Special Attention Service 
Bulletin 747-53-2497, dated November 4, 2004; as applicable, to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference of these documents in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy 
of this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., Room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at 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 July 21, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-15017 Filed 8-1-05; 8:45 am]
BILLING CODE 4910-13-P