[Federal Register Volume 71, Number 101 (Thursday, May 25, 2006)]
[Rules and Regulations]
[Pages 30053-30056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4803]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22321; Directorate Identifier 2005-NM-123-AD; 
Amendment 39-14610; AD 2006-11-06]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 and -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 767-200 and -300 series airplanes. This AD 
requires replacing the placards on certain stowage bins with new 
placards, installing partial dividers in certain other stowage bins, 
and installing straps on stowage bins containing life rafts. For 
certain airplanes, this AD also requires related concurrent actions. 
This AD results from test data indicating that outboard overhead 
stowage bins are unable to withstand the 4.5g down-load standard 
intended to protect passengers during flight turbulence or a hard 
landing. We are issuing this AD to prevent the stowage bins from 
opening during flight turbulence or a hard landing, which could result 
in the contents of the stowage bins falling onto the passenger seats 
below and injuring passengers, or blocking the aisles, impeding the 
evacuation of passengers in an emergency.

DATES: This AD becomes effective June 29, 2006.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 30054]]

of certain publications listed in the AD as of June 29, 2006.

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: Patrick Gillespie, 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) 917-6429; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

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 
767-200 and -300 series airplanes. That NPRM was published in the 
Federal Register on September 7, 2005 (70 FR 53106). That NPRM proposed 
to require replacing the placards on certain stowage bins with new 
placards, installing partial dividers in certain other stowage bins, 
and installing straps on stowage bins containing life rafts. For 
certain airplanes, that NPRM also proposed to require related 
concurrent actions; including replacing door latches, strikes, and 
thresholds on the outboard overhead stowage compartments with new, 
improved latches, strikes, and thresholds.

Comments

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

Request To Extend Compliance Time

    ATA, on behalf of its member, Delta Airlines (Delta), requests that 
we extend the compliance time from 60 months to 72 months. Delta states 
that this will allow operators to spread out the costs over a longer 
period of time without any demonstrable decrease in safety to the 
fleet.
    We agree with this request. We have determined that an additional 
12 months for compliance will not significantly affect overall fleet 
safety. Therefore, we have revised paragraph (f) of the AD to extend 
the compliance time to 72 months.

Request To Give Credit for Using Original Issue of Service Information

    ATA, on behalf of its member, Delta, requests that we revise the 
NPRM to give credit for actions accomplished using the original issue 
of Boeing Service Bulletin 767-25-0211, dated August 12, 1993. Delta 
states that Revision 1 of Service Bulletin 767-25-0211, dated July 14, 
1994 (referred to as the appropriate source of service information for 
accomplishing the actions required by paragraph (g) of this AD), 
requires no new work in certain areas.
    We agree with this request for the reason given. Therefore, we have 
revised paragraph (h) of the AD to include a statement that actions 
accomplished before the effective date of this AD in accordance with 
Service Bulletin 767-25-0211, dated August 12, 1993, are acceptable for 
compliance with the corresponding actions of this AD.

Request To Eliminate Need To Account for Bins Not Installed

    ATA, on behalf of its member, Delta, requests that we revise the 
NPRM to exclude the need to account for bins that have been removed 
from the airplane. Delta states that Boeing Service Bulletins 767-25-
0336 and 767-25-0211 both identify specific bin modules which must be 
modified. Delta asserts that the NPRM, as written, will require certain 
bins to be modified even if those bins have been removed in accordance 
with an alternative method of compliance (AMOC), and that another AMOC 
will be required to release operators from this unnecessary compliance.
    We do not agree with this request. We find that an AMOC for the 
requirements of paragraphs (f) and (g) of this AD is not necessary if a 
stowage bin has been removed. The requirements of paragraphs (f) and 
(g) apply only to stowage bins identified in the referenced service 
bulletin. However, stowage bins that have been removed from airplanes 
are still subject to the requirements of paragraph (i) of this AD. We 
have not changed the AD in this regard.

Request for Justification of NPRM

    One commenter, Delta, suggests that we review our decision to issue 
an AD to mandate the modifications described in the referenced service 
information. Delta states that the cost would be excessive in an 
airplane that is approaching its maximum age. Delta asks if we or 
Boeing have researched fleet data for past incidents as described in 
the NPRM. Delta further asks if such an incident is probable and if the 
probability is high enough to substantiate that this is a true safety 
concern that justifies the costs to correct it.
    Though Delta did not specifically request us to do so, we infer 
that Delta is requesting us to withdraw this proposed AD. We do not 
agree. This AD corrects an unsafe condition related to a stowage bin 
design that is significantly under strength. We have performed an 
analysis that indicates that several serious injuries may occur during 
the remaining service life of the affected fleet if this condition is 
not corrected. Further, Boeing has reported seven events of inadvertent 
opening of these stowage bins. Therefore, we have determined that this 
AD is both warranted and necessary. We have made no changes to the AD 
in this regard; however, we have provided some relief to operators by 
extending the compliance time as previously discussed.

Recommendation To Revise Accomplishment Instructions

    The Air Transport Association (ATA), on behalf of its member, 
American Airlines (AAL), recommends that the manufacturer revise the 
Accomplishment Instructions of the service information referenced in 
the NPRM to allow operators to meet the intent of the NPRM without 
using partial dividers in the stowage compartments. AAL states that the 
change as described is costly and time consuming because it creates two 
different configurations of outboard stowage bins in the 767 fleet, the 
cost of repair of the partial dividers is not accounted for, and use of 
partial dividers will impact stowage space.
    We do not agree. We have determined that accomplishing the 
modifications described in the referenced service information 
adequately addresses the unsafe condition. In addition, we do not 
consider it appropriate to include various provisions in an AD 
applicable to a single operator's unique use of an affected airplane. 
However, under the

[[Page 30055]]

provisions of paragraph (j) of the AD, we may consider requests for 
approval of an AMOC if sufficient data that are submitted to 
substantiate that such a design change would provide an acceptable 
level of safety.

Request To Provide Warranty Coverage for Material Costs

    Avianca Airlines states that the materials cost for this 
modification is very expensive. Avianca Airlines further states that 
the materials kit for this modification was provided free of charge by 
Boeing until 1994. Avianca Airlines made no request to revise the NPRM, 
but recommends that Boeing continue to provide the materials kit free 
of charge while the operators cover the cost of labor.
    As no change was requested, we have not revised the AD in this 
regard. Further, as material and parts costs are determined by 
manufacturers, Avianca Airlines may wish to contact Boeing to discuss 
this recommendation.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 366 airplanes of the affected design in the 
worldwide fleet and 138 airplanes of U.S. registry. The following 
tables provide the estimated costs for U.S. operators to comply with 
this AD.

                                                                     Estimated Costs
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                                                                                                                     Number of U.S.-
              Action                Work hours per kit   Average  labor    Cost of parts kit     Cost per airplane     registered         Fleet cost
                                                         rate  per hour      per airplane                               airplanes
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Installation of placards,          Between 46 and 74...             $65  Between $26,700 and   Between $29,690 and              138  Between $4,097,220
 dividers, and straps.                                                    $44,196.              $49,006.                              and $6,762,828.
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                                                     Estimated Costs of Concurrent Service Bulletin
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                                                                                                                     Number of U.S.-
              Action                    Work hours       Average  labor          Parts           Cost per airplane     registered         Fleet cost
                                                         rate  per hour                                                 airplanes
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Installation of new door latches,  Between 24 and 31...             $65  Between $7,000 and    Between $8,560 and               105  Between $898,800
 strikes, and thresholds.                                                 $70,000.              $72,015.                              and $7,561,575.
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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 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

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

2006-11-06 Boeing: Amendment 39-14610. Docket No. FAA-2005-22321; 
Directorate Identifier 2005-NM-123-AD.

Effective Date

    (a) This AD becomes effective June 29, 2006.

Affected ADs

    (b) None.

[[Page 30056]]

Applicability

    (c) This AD applies to Boeing Model 767-200 and -300 series 
airplanes, certificated in any category; as identified in Boeing 
Special Attention Service Bulletin 767-25-0336, Revision 2, dated 
August 11, 2005.

Unsafe Condition

    (d) This AD results from test data indicating that outboard 
overhead stowage bins are unable to withstand the 4.5g down-load 
standard intended to protect passengers during flight turbulence or 
a hard landing. We are issuing this AD to prevent the stowage bins 
from opening during flight turbulence or a hard landing, which could 
result in the contents of the stowage bins falling onto the 
passenger seats below and injuring passengers, or blocking the 
aisles, impeding the evacuation of passengers 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.

Replacement of Placards and Installation of Partial Divider Panels and 
Life Raft Straps

    (f) Within 72 months after the effective date of this AD: 
Replace the placards on certain stowage bins with new placards, 
install partial dividers in certain other stowage bins, and install 
straps on stowage bins containing life rafts, in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-25-0336, Revision 2, dated August 11, 2005.

Actions Required To Be Accomplished Prior to or Concurrently With 
Paragraph (f) of This AD

    (g) For Group 1 airplanes as identified in Boeing Special 
Attention Service Bulletin 767-25-0336, Revision 2, dated August 11, 
2005: Prior to or concurrently with the accomplishment of paragraph 
(f) of this AD, replace the door latches, strikes, and thresholds on 
the outboard overhead stowage compartments with new latches, 
strikes, and thresholds. Do the replacement in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 767-25-0211, 
Revision 1, dated July 14, 1994.

Actions Accomplished Previously

    (h) Accomplishment of the stowage bin modifications required by 
paragraph (f) of this AD in accordance with Boeing Special Attention 
Service Bulletin 767-25-0336, dated May 15, 2003; or Revision 1, 
dated October 21, 2004; and paragraph (g) of this AD in accordance 
with Boeing Service Bulletin 767-25-0211, dated August 12, 1993; 
before the effective date of this AD; is considered acceptable for 
compliance with the corresponding requirements of this AD.

Parts Installation

    (i) As of the effective date of this AD, no person may install 
on any airplane a stowage bin having a part number identified in 
Table 2 of Figure 1 of Boeing Special Attention Service Bulletin 
767-25-0336, Revision 2, dated August 11, 2005, unless it has been 
modified by performing the applicable actions in paragraph (f) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) 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.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (k) You must use Boeing Special Attention Service Bulletin 767-
25-0336, Revision 2, dated August 11, 2005; and Boeing Service 
Bulletin 767-25-0211, Revision 1, dated July 14, 1994; 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 May 9, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-4803 Filed 5-24-06; 8:45 am]
BILLING CODE 4910-13-P