[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Proposed Rules]
[Pages 33267-33270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8901]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24948; Directorate Identifier 2005-NM-030-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 707-100 Long Body, -100B 
Long Body, -100B Short Body, -E3F, -300, -300B, and -300C Series 
Airplanes; Model 727-100 and -200 Series Airplanes; Model 737-200, -
200C, -300, -400, and -500 Series Airplanes; Model 747-100B, 747-200B, 
747-200C, 747-200F, 747-300, 747-400, 747-400D, 747SR, and 747SP Series 
Airplanes; Model 757-200 and 757-200PF Series Airplanes; and Model 767-
200 and -300 Series Airplanes; Equipped With Observer or Attendant 
Seats

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Boeing airplanes. The existing 
AD currently requires inspection of the attachment of the shoulder 
restraint harness to the mounting bracket on certain observer and 
attendant seats to determine if a C-clip is used in the attachment, and 
corrective action, if necessary. This proposed AD would remove certain 
airplanes from the applicability and add others. This proposed AD 
results from the determination that some airplanes had been 
inadvertently included in or excluded from the applicability of the 
existing AD and that certain additional new airplanes are now subject 
to the identified unsafe condition. We are proposing this AD to prevent 
detachment of the shoulder restraint harness of the attendant or 
observer seat from its mounting bracket during service, which could 
result in injury to the occupant of the seat.

DATES: We must receive comments on this proposed AD by July 24, 2006.

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.
     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.

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: 

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 in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2006-24948; Directorate Identifier 2005-NM-030-AD'' at the 
beginning 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 received 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or may 
can visit http://dms.dot.gov.

Examining the Docket

    You may 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 Docket Management System 
receives them.

Discussion

    On November 16, 2001, we issued AD 2001-24-02, amendment 39-12518 
(66 FR 59681, November 30, 2001). That AD applies to certain Boeing 
Model 707-100 long body, -100B long body, -100B short body, -E3A, -300, 
-300B, and -300C series airplanes; Model 727-100 and -200 series 
airplanes; Model 737-

[[Page 33268]]

200, -200C, -300, -400, and -500 series airplanes; Model 747-100B, 747-
200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747SR, and 747SP 
series airplanes; Model 757-200 and 757-200PF series airplanes; and 
Model 767-200 and -300 series airplanes.
    AD 2001-24-02 requires inspecting the attachment of the shoulder 
restraint harness to the mounting bracket on certain observer and 
attendant seats to determine if a C-clip is used in the attachment, and 
corrective action, if necessary. That AD resulted from reports of the 
shoulder restraint harness of the attendant and observer seat detaching 
from the mounting bracket. We issued that AD to prevent injury to the 
occupant of the seat.

Actions Since Existing AD Was Issued

    Since we issued AD 2001-24-02, we have learned that the 
applicability must be revised to add certain airplanes and remove 
others.

Relevant Service Information

    AD 2001-24-02 refers to Boeing Service Bulletins 727-25-0295, 
Revision 1, dated May 17, 2001, and 737-25-1412, Revision 1, dated May 
17, 2001, as the appropriate sources of service information for 
affected Model 727 and 737 series airplanes. Boeing has since issued 
Service Bulletin 727-25-0295, Revision 2, dated February 6, 2003, to 
clarify Figure 1 in the service bulletin. Boeing has also issued 
Special Attention Service Bulletin 737-25-1412, Revision 2, dated 
September 18, 2003, and Revision 3, dated December 2, 2004. Revision 2 
of the Special Attention service bulletin adds airplanes PW231 through 
PW252 inclusive; Revision 3 removes airplanes PW001 through PW054 
inclusive and PW091 through PW094 inclusive; those airplanes were 
inadvertently excluded or included in previous versions of the service 
bulletin. The service bulletin procedures are unchanged from those 
described in Revision 1.
    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 develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2001-24-02 and would retain the requirements of the 
existing AD. This proposed AD would also revise the applicability to 
remove certain airplanes and add others.

Changes to Existing AD

    We have revised the applicability of this AD to also identify model 
designations as published in the most recent type certificate data 
sheet for the affected models.
    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.

Costs of Compliance

    Since we issued AD 2001-24-02, we have increased the labor rate 
used in the cost estimate calculations from $60 to $80 per work hour. 
However, with respect to the total cost impact for the fleet, this 
increase in the hourly labor rate would be offset by the decrease in 
the number of affected airplanes in this proposed AD.
    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                               Number of work
                                                               hours (@\1/4\-    Hourly   Total cost per     Number of      Total fleet      Number of
                          Base model                             work hour/      labor       airplane     airplanes/U.S.       cost         airplanes/
                                                                    seat)         rate                       registry                        worldwide
--------------------------------------------------------------------------------------------------------------------------------------------------------
707..........................................................               1        $80             $80              21          $1,680             250
727..........................................................               1         80              80             881          70,480           1,986
737..........................................................               2         80             160             459          73,440             885
747..........................................................               5         80             400              83          33,200             554
757..........................................................               2         80             160             257          41,120             262
767..........................................................               3         80             240             207          49,680             596
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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 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, 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:

[[Page 33269]]

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-12518 (66 FR 59681, November 30, 2001) and adding 
the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2006-24948; Directorate Identifier 2005-NM-
030-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by July 24, 
2006.

Affected ADs

    (b) This AD supersedes AD 2001-24-02.

Applicability

    (c) This AD applies to airplanes, certificated in any category, 
identified in Table 1 of this AD; equipped with any observer or 
attendant seat.

                         Table 1.--Applicability
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                                         As identified in Boeing service
           Models and series                        bulletin--
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Model 707-100 long body, 707-100B long   3499, Revision 1, dated May 17,
 body, 707-100B short body, 707-E3F,      2001.
 707-300, 707-300B, and 707-300C series
 airplanes.
Model 727-100 and 727-200 series         727-25-0295, Revision 2, dated
 airplanes.                               February 6, 2003.
Model 737-200, 737-200C, 737-300, 737-   737-25-1412, Revision 3, dated
 400, and 737-500 series airplanes.       December 2, 2004.
Model 747-100B, 747-200B, 747-200C, 747- 747-25-3244, Revision 4, dated
 200F, 747-300, 747-400, 747-400D,        June 26, 2003.
 747SR, and 747SP series airplanes.
Model 757-200 and 757-200PF series       757-25-0223, Revision 1, dated
 airplanes.                               May 17, 2001.
Model 767-200 and 767-300 series         767-25-0288, Revision 3, dated
 airplanes.                               August 1, 2002.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from reports of the shoulder restraint 
harness of the attendant or observer seat detaching from the 
mounting bracket. We are issuing this AD to prevent injury to the 
occupant of the seat.

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 and Corrective Action

    (f) Except for the airplanes identified in paragraph (g) of this 
AD: Within 36 months after January 4, 2002 (the effective date of AD 
2001-24-02), do a one-time general visual inspection of the 
attachment of the shoulder restraint harness of each observer or 
attendant seat to determine if a C-clip is used in the attachment. 
Do the inspection according to the applicable service bulletin 
identified in Table 2 of this AD. If the shoulder harness is looped 
through the bracket and attached to itself with a C-clip, do 
paragraph (f)(1) or (f)(2) of this AD. If the inspection required by 
paragraph (f) of this AD is done after the effective date of this 
AD, paragraph (f)(1) or (f)(2), if required, must be done before 
further flight after the inspection required by this paragraph.
    (1) Remove and discard the C-clip, and reattach the shoulder 
harness to the mounting bracket, according to the service bulletin. 
Accomplishment of these actions before the effective date of this AD 
according to the applicable service bulletin version identified in 
Table 3 of this AD is also acceptable for compliance with the 
requirements of paragraph (f)(1) of this AD.
    (2) Install a second C-clip with the clip's opening positioned 
in the opposite direction of the opening of the existing C-clip, 
according to the optional method described in Steps 19 and 20 of 
Figure 1 or 2 of the service bulletin.
    (g) For Model 737-200, -200C, -300, -400, and -500 series 
airplanes with variable numbers PW231 through PW252 inclusive: 
Within 36 months after the effective date of this AD, do a one-time 
general visual inspection of the attachment of the shoulder 
restraint harness of each observer or attendant seat to determine if 
a C-clip is used in the attachment. Do the inspection according to 
the applicable service bulletin identified in Table 2 of this AD. If 
the shoulder harness is looped through the bracket and attached to 
itself with a C-clip, do paragraph (f)(1) or (f)(2) of this AD 
before further flight.

                       Table 2.--Service Bulletins
------------------------------------------------------------------------
                                  Boeing service
             Model                   bulletin         Required version
------------------------------------------------------------------------
707-100 long body, -100B long                3499  Revision 1, dated May
 body, -100B short body, -E3F,                      17, 2001.
 -300, -300B, and -300C.
727-100 and -200..............        727-25-0295  Revision 1, dated May
                                                    17, 2001; or
                                                    Revision 2, dated
                                                    February 6, 2003.
737-200, -200C, -300, -400,           737-25-1412  Revision 1, dated May
 and -500.                                          17, 2001; or
                                                    Revision 2, dated
                                                    September 18, 2003;
                                                    or Revision 3, dated
                                                    December 2, 2004.
747-100B, 747-200B, 747-200C,         747-25-3244  Revision 1, dated May
 747-200F, 747-300, 747-400,                        17, 2001; or
 747-400D, 747SR, and 747SP.                        Revision 2, dated
                                                    April 25, 2002; or
                                                    Revision 3, dated
                                                    August 1, 2002 or
                                                    Revision 4, dated
                                                    June 26, 2003.
757-200 and 757-200PF.........        757-25-0223  Revision 1, dated May
                                                    17, 2001.
767-200 and -300..............        767-25-0288  Revision 1, dated May
                                                    17, 2001; or
                                                    Revision 2, dated
                                                    April 25, 2002; or
                                                    Revision 3, dated
                                                    August 1, 2002.
------------------------------------------------------------------------


             Table 3.--Acceptable Service Bulletin Revisions
------------------------------------------------------------------------
                                  Boeing service
             Model                   bulletin               Date
------------------------------------------------------------------------
707-100 long body, -100B long                3499  April 27, 2000.
 body, -100B short body, E3F, -
 300, -300B, and -300C series
 airplanes.
727-100 and -200 series               727-25-0295  April 27, 2000.
 airplanes.

[[Page 33270]]

 
737-200, -200C, -300, -400,           737-25-1412  April 27, 2000.
 and -500 series airplanes.
747-100B, 747-200B, 747-200C,         747-25-3244  April 27, 2000.
 747-200F, 747-300, 747-400,
 747-400D, 747SR, and 747SP.
757-200 and 757-200PF series          757-25-0223  April 27, 2000.
 airplanes.
767-200 and -300 series               767-25-0288  April 27, 2000.
 airplanes.
------------------------------------------------------------------------

Spares

    (h) Except for airplanes identified in paragraph (g) of this AD: 
As of January 4, 2002, do not attach the shoulder restraint harness 
of an observer or attendant seat on any airplane to the mounting 
bracket using a C-clip, unless the requirements of paragraph (f)(2) 
of this AD are done.
    (i) For airplanes identified in paragraph (g) of this AD: As of 
the effective date of this AD, do not attach the shoulder restraint 
harness of an observer or attendant seat on any airplane to the 
mounting bracket using a C-clip, unless the requirements of 
paragraph (f)(2) of this AD are done.

Alternative Methods of Compliance (AMOCs)

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


    Issued in Renton, Washington, on May 30, 2006.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-8901 Filed 6-7-06; 8:45 am]
BILLING CODE 4910-13-P