[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Rules and Regulations]
[Pages 71340-71342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26917]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-33-AD; Amendment 39-13898; AD 2004-25-10]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-300 and -400ER Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

[[Page 71341]]


ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 767-300 and -400ER series airplanes, 
that requires replacing the tie rods for the waste tank cradle, related 
investigative actions, corrective actions, and special retrofit action 
if necessary. This action is necessary to prevent possible failure of 
the main deck floor stanchions and consequent collapse of the main 
floor during an emergency landing, which could result in passenger 
injury and impede passenger evacuation from the airplane. This action 
is intended to address the identified unsafe condition.

DATES: Effective January 13, 2005.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 13, 2005.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplanes, PO 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; or 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/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Susan Rosanske, 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) 917-6448; 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 767-300 and -
400ER series airplanes was published in the Federal Register on June 
16, 2004 (69 FR 33597). That action proposed to require replacing the 
tie rods for the waste tank cradle, related investigative actions, 
corrective actions, and special retrofit action if necessary.

Comments

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

Request To Revise ``Parts Installation'' Section

    One commenter requests that we revise paragraph (c) of the proposed 
AD from ``* * * on any airplane'' to ``* * * on any airplane applicable 
for this AD.'' The commenter requests this change in order for the 
paragraph to be consistent with the rest of the document and to avoid 
possible misinterpretation.
    We agree with the commenter's request to revise paragraph (c) of 
the AD. All of the requirements stated in this AD are applicable only 
to the airplanes listed in the applicability statement. However, the 
phrasing of paragraph (c) in the proposed AD may confuse or mislead 
some operators. Therefore, we have revised paragraph (c) of this AD to 
clarify that the paragraph applies to any airplane ``to which this AD 
applies.''

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 97 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 42 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 2 work 
hours per airplane to accomplish the required actions, and that the 
average labor rate is $65 per work hour. Required parts will cost 
approximately $2,471 per airplane. Based on these figures, the cost 
impact of the AD on U.S. operators is estimated to be $109,242, or 
$2,601 per airplane.
    The cost impact figure discussed above is 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. The manufacturer may cover the cost of 
replacement parts associated with this AD, subject to warranty 
conditions. Manufacturer warranty remedies may also be available for 
labor costs associated with this AD. As a result, the costs 
attributable to the AD may be less than stated above.

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:

2004-25-10 Boeing: Amendment 39-13898. Docket 2004-NM-33-AD.

    Applicability: Model 767-300 series airplanes, as listed in 
Boeing Alert Service Bulletin 767-38A0062, dated August 15, 2002; 
and Model 767-400ER series airplanes, as listed in Boeing Alert 
Service Bulletin 767-38A0063, dated August 15, 2002; certificated in 
any category.

[[Page 71342]]

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the main deck floor stanchions and 
consequent collapse of the main floor during an emergency landing, 
which could result in passenger injury and impede passenger 
evacuation from the airplane, accomplish the following:

Replacement and Related Investigative and Corrective Actions and 
Retrofit Action

    (a) Within 18 months after the effective date of this AD: 
Replace the four tie rods for the waste tank cradle with new tie 
rods and do all applicable related investigative actions, corrective 
actions, and special retrofit actions by accomplishing all the 
actions in the Accomplishment Instructions of Boeing Alert Service 
Bulletins 767-38A0062 (for Model 767-300 series airplanes) and 767-
38A0063 (for Model 767-400ER series airplanes), both dated August 
15, 2002; as applicable. Do the actions in accordance with the 
applicable service bulletin except as provided by paragraph (b) of 
this AD. Accomplish any related investigative, corrective, or 
special retrofit action before further flight.
    (b) If any deformation, crack, or other damage is found during 
any related investigative action required by paragraph (a) of this 
AD, and the bulletin specifies contacting Boeing for appropriate 
action: Before further flight, perform the special retrofit action 
per a method approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. For a retrofit method to be approved by the 
Manager, Seattle ACO, as required by this paragraph, the Manager's 
approval letter must specifically refer to this AD.

Parts Installation

    (c) As of the effective date of this AD, no person may install 
any tie rod for the waste tank cradle having part number 251T0100-
1401, 251T0100-1402, 251T0100-1403, or 251T0100-1404, on any 
airplane to which this AD applies.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, Seattle ACO, 
FAA, is authorized to approve alternative methods of compliance 
(AMOCs) for this AD.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin 767-38A0062, 
dated August 15, 2002; and Boeing Alert Service Bulletin 767-
38A0063, dated August 15, 2002; as applicable. 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. Copies may be 
obtained from Boeing Commercial Airplanes, PO Box 3707, Seattle, 
Washington 98124-2207. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
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/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (f) This amendment becomes effective on January 13, 2005.

    Issued in Renton, Washington, on November 30, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-26917 Filed 12-8-04; 8:45 am]
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