[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Rules and Regulations]
[Pages 25374-25377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09202]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1073; Directorate Identifier 2012-NM-078-AD; 
Amendment 39-17430; AD 2013-08-13]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 767-300 series airplanes. This AD was prompted 
by a report that certain airplanes might not have reinforcement straps 
installed on the center overhead stowage bins in the passenger 
compartment, and some installed reinforcement straps might not have 
been bonded. For certain airplanes, this AD requires performing an 
inspection of reinforcement straps to ensure they are correctly bonded 
to the center overhead stowage bins, and bonding the reinforcement 
straps to the center overhead stowage bins if necessary. For certain 
airplanes, this AD requires installing reinforcement straps on the 
center overhead stowage bins. We are issuing this AD to prevent missing 
or incorrectly bonded reinforcement straps, which could result in the 
center overhead stowage bins breaking loose at forward load levels less 
than 9g during an emergency landing, causing injury to passengers and 
delaying emergency evacuation.

DATES: This AD is effective June 5, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 5, 2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is Document Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sarah Piccola, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: 425-917-6483; fax: 425-917-6590; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 25375]]

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM published in the Federal Register on October 16, 2012 (77 FR 
63266). That NPRM proposed to require, for certain airplanes, 
performing an inspection of reinforcement straps to ensure they are 
correctly bonded to the center overhead stowage bins, and bonding the 
reinforcement straps to the center overhead stowage bins if necessary. 
For certain airplanes, that NPRM also proposed installing reinforcement 
straps on the center overhead stowage bins.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 63266, October 16, 2012) and the FAA's response to each comment.
    Aviation Partners Boeing stated that the installation of winglets 
per supplemental type certificate (STC) ST01920SE (http://rgl.faa.gov/
Regulatory--and--Guidance--Library/rgstc.nsf/0/
59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect 
the accomplishment of the manufacturer's service instructions.

Request To Remove Reference to ``In-flight Turbulence''

    Boeing requested that the potential injury statement that appears 
in the Summary paragraph, Discussion paragraph, and paragraph (e), 
``Unsafe Condition,'' of the NPRM (77 FR 63266, October 16, 2012) be 
revised to remove the reference to in-flight turbulence. Boeing 
suggested that the potential injury statement should specify the 
requirements associated with section 25.561(b)(3)(ii) (``9.0g Forward 
loads'') of the Federal Aviation Regulations (14 CFR 25.561). Boeing 
stated that Boeing Special Attention Service Bulletin 767-25-0520, 
dated February 8, 2012, and associated certification data, refer only 
to 9.0g forward loads and not in-flight loads.
    Based on the reasons provided by the commenter, we agree to revise 
the potential injury statement by deleting the reference to ``in-flight 
turbulence'' and including a reference to 9g forward loads. The 
potential injury statement in this AD states ``We are issuing this AD 
to prevent missing or incorrectly bonded reinforcement straps, which 
could result in the center overhead stowage bins breaking loose at 
forward load levels less than 9g during an emergency landing, causing 
injury to passengers and delaying emergency evacuation.''
    The revised potential injury statement appears in the Summary 
paragraph and paragraph (e) of this AD. The potential injury statement 
is not restated in the Discussion paragraph of this AD, so no change is 
needed to that paragraph.

Request To Clarify Precipatory Event

    Boeing requested that paragraph (e), ``Unsafe Condition,'' in the 
NPRM (77 FR 63266, October 16, 2012) be revised so the first sentence 
states that ``certain airplanes (1) may not have reinforcement straps 
installed and (2) may not have been bonded at some center overhead 
stowage bin locations.'' The suggested text is from Boeing Special 
Attention Service Bulletin 767-25-0520, dated February 8, 2012. Boeing 
noted that the NPRM does not address condition (1) and is not 
consistent with condition (2).
    We agree with Boeing's request to revise the wording that describes 
what prompted this AD. Boeing's suggested changes clarify the 
conditions that operators may encounter when complying with the actions 
required by this AD. The revised statement appears in the Summary 
paragraph and paragraph (e) of this AD.

Request To Revise the ``Relevant Service Information'' Paragraph

    Boeing requested that the text in the ``Relevant Service 
Information'' paragraph of the NPRM (77 FR 63266, October 16, 2012) be 
changed so the language within the NPRM and the language between the 
NPRM and Boeing Special Attention Service Bulletin 767-25-0520, dated 
February 8, 2012, is consistent. Boeing suggested that in the second 
sentence of that paragraph, beginning with ``For certain airplanes, 
this service bulletin describes procedures for general visual and 
detailed inspection of the existing reinforcement straps installed on 
the center overhead storage bins . . ..'' ``storage'' be changed to 
``stowage.'' Boeing also suggested that the third sentence of that 
paragraph, beginning with ``For airplanes on which the straps are 
incorrectly bonded . . . .'' be revised to delete ``are incorrectly 
bonded'' and insert ``may not be bonded or were inadvertently missed.''
    Boeing also requested that the last sentence in the ``Relevant 
Service Information'' paragraph be removed and the sentence prior to 
that one, beginning with ``For airplanes on which the straps are 
incorrectly bonded, this service bulletin describes procedures for 
bonding the reinforcement straps . . . .'' be revised to read, ``. . . 
bonding and installation of the reinforcement straps . . . .'' Boeing 
stated that these changes would provide clarity to the operators.
    We agree that the suggestions made by the commenter provide a more 
accurate description of the information in Boeing Special Attention 
Service Bulletin 767-25-0520, dated February 8, 2012; however, the 
``Relevant Service Information'' paragraph is not restated in this AD, 
so no change has been made to this AD in this regard.

Explanation of Change Made to This AD

    We have added a new paragraph (h)(3) to this final rule to allow 
delegation of repairs to the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA).

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously-and minor editorial 
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in 
the NPRM (77 FR 63266, October 16, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 63266, October 16, 2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 25376]]



                                                 Estimated Costs
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                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
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Group 1 and Group 2 Airplanes:    2 work-hours x $85  $0................  $170..............  $340 (2
 General Visual Inspection for     per hour = $170.                                            airplanes).
 Correct Bonding.
Group 1 and Group 3 Airplanes:    7 work-hours x $85  $1,277 or $1,746..  $1,872 or $2,341..  Up to $4,682 (2
 Install Reinforcement Straps.     per hour = $595.                                            airplanes).
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    We estimate the following costs to do any necessary repairs that 
would be required based on the results of the inspection. We have no 
way of determining the number of aircraft that might need this repair:

                                               On-Condition Costs
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                 Action                           Labor cost            Parts cost         Cost per  product
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Group 1 and Group 2 Airplanes: Bonding    Between 7 and 12 work-                  $0  Between $595 and $1,020.
 Existing Reinforcement Straps to the      hours x $85 per hour =
 Center Overhead Stowage Bins.             $595 to $1,020.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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

    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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

2013-08-13 The Boeing Company: Amendment 39-17430; Docket No. FAA-
2012-1073; Directorate Identifier 2012-NM-078-AD.

(a) Effective Date

    This AD is effective June 5, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-300 series 
airplanes, certificated in any category, as identified in Boeing 
Special Attention Service Bulletin 767-25-0520, dated February 8, 
2012.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2520, Passenger 
Compartment Equipment.

(e) Unsafe Condition

    This AD was prompted by a report that certain airplanes might 
not have reinforcement straps installed on the center overhead 
stowage bins in the passenger compartment, and some installed 
reinforcement straps might not have been bonded. We are issuing this 
AD to prevent missing or incorrectly bonded reinforcement straps, 
which could result in the center overhead stowage bins breaking 
loose at forward load levels less than 9g during an emergency 
landing, causing injury to passengers and delaying emergency 
evacuation.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection, Bonding, and Installation of Reinforcement Straps

    Within 36 months after the effective date of this AD, do a 
general visual or detailed inspection to determine the condition of 
the reinforcement straps for the center overhead stowage bins, and 
bond the reinforcement straps to the stowage bins as applicable; and 
install reinforcement straps as applicable; in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-25-0520, dated February 8, 2012.

[[Page 25377]]

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
ANM-150S, FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. In accordance 
with 14 CFR 39.19, send your request to your principal inspector or 
local Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplane Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.

(i) Related Information

    For more information about this AD, contact Sarah Piccola, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-6483; 
fax: (425) 917-6590; email: [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 767-25-0520, dated 
February 8, 2012.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone (206) 544-5000, extension 1; fax (206) 766-5680; Internet 
https://www.myboeingfleet.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (4) You may view this service information at FAA, 1601 Lind 
Avenue SW., Renton, Washington 98057-3356. For information on the 
availability of this material at the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


    Issued in Renton, Washington, on April 10, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-09202 Filed 4-30-13; 8:45 am]
BILLING CODE 4910-13-P