[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Proposed Rules]
[Pages 34128-34130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16055]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / 
Proposed Rules

[[Page 34128]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-115-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 707-100, -100B, -300, and 
-E3A (Military Airplanes); 727-100 and -200; 737-200, -200C, -300, -
400, and -500; 747SP and 747SR; 747-100B, -200B, -200C, -200F, -300, -
400, and -400D; 757-200 and -200PF; and 767-200 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 707-100, -
100B, -300, and -E3A (military airplanes); 727-100 and -200; 737-200, -
200C, -300, -400, and -500; 747SP and 747SR; 747-100B, -200B, -200C, -
200F, -300, -400, and -400D; 757-200 and -200PF; and 767-200 and -300 
series airplanes. This proposal would require 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 action is 
necessary 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. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by August 13, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-115-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#675e4a06090a4a0917150a04080a0a0209132701060649000811"><span class="__cf_email__" data-cfemail="5960743837347437292b343a3634343c372d193f3838773e362f">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-115-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Keith Ladderud, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2780; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    <bullet> Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    <bullet> For each issue, state what specific change to the proposed 
AD is being requested.
    <bullet> Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-115-AD.'' The postcard will be date-stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-115-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports that the shoulder restraint harness of 
the attendant or observer seat detached from the mounting bracket 
during service on two Boeing Model 737-300 series airplanes. In the 
reported incidents, the restraint harness was attached to the mounting 
bracket with a C-clip. Such detachment of the shoulder restraint 
harness from its mounting bracket during service, if not corrected, 
could result in injury to the occupant of the seat.
    The shoulder restraint harness installations on the affected Model 
737-300 series airplanes are identical to those on certain Boeing Model 
707-100, -100B, -300, and -E3A (military airplanes); 727-100 and -200; 
737-200, -200C, -400, and -500; 747SP and 747SR; 747-100B, -200B, -
200C, -200F, -300, -400, and -400D; 757-200 and -200PF; and 767-200 and 
-300 series airplanes. Therefore, the shoulder restraint harnesses on 
all of these models may have a C-clip installed and thus be subject to 
the same unsafe condition.

[[Page 34129]]

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletins 3499, 
727-25-0295, 737-25-1412, 747-25-3244, 757-25-0223, and 767-25-0288; 
all Revision 1; all dated May 17, 2001. These service bulletins 
describe procedures for a one-time inspection of the attachment of the 
shoulder restraint harness of certain attendant or observer seats to 
the mounting bracket to determine if a C-clip is used in the 
attachment. If the shoulder restraint harness is looped through the 
bracket and attached to itself with a C-clip, the service bulletins 
provide two alternatives for correcting this condition. One method 
instructs operators to attach the shoulder restraint harness directly 
to the mounting bracket by removing and discarding the C-clip, removing 
the mounting bracket, putting the mounting bracket through the loop of 
the shoulder harness, and attaching the mounting bracket in its 
original position. In lieu of removal of the C-clip, the service 
bulletins also describe an optional method that involves installation 
of a second C-clip with the clip's opening positioned in the opposite 
direction of the opening of the existing C-clip. Accomplishment of 
either of these actions given in the service bulletins is intended to 
adequately address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the applicable service bulletin described previously, except as 
discussed below.

Differences Between The Service Bulletins and This Proposed AD

    Operators should note that, although the service bulletins 
recommend accomplishing the inspection ``at the next scheduled 
maintenance period when manpower and equipment are available,'' the FAA 
has determined that such an indefinite compliance time would not 
address the identified unsafe condition in a timely manner. In 
developing an appropriate compliance time for this AD, the FAA 
considered not only the manufacturer's recommendation, but the degree 
of urgency associated with addressing the subject unsafe condition, the 
average utilization of the affected fleet, and the time necessary to 
perform the proposed actions. In light of all of these factors, the FAA 
finds an 18-month compliance time for initiating the required actions 
to be warranted, in that it represents an appropriate interval of time 
allowable for affected airplanes to continue to operate without 
compromising safety.
    In addition, the service bulletins do not identify the type of 
inspection that is involved in the procedures for inspecting the 
attachment of the shoulder restraint harness to determine if a C-clip 
is used. The FAA refers to this inspection in the proposed AD as a 
``general visual'' inspection.

Cost Impact

    The table below estimates the cost impact of the inspection that 
would be required by this proposed AD. The average labor rate is $60 
per work hour.

----------------------------------------------------------------------------------------------------------------
                       Number of          Number of        Number of work
    Base model         airplanes/       airplanes/U.S.     hours (@ 0.25      Total cost per    Total cost fleet
                       worldwide           registry       work hour/seat)        airplane
----------------------------------------------------------------------------------------------------------------
707                              250                 21                  1                $60             $1,260
727                            1,986                881                  1                 60             52,860
737                              921                437                  2                120             52,440
747                              533                 83                  5                300             24,900
757                              262                257                  2                120             30,840
767                              573                207                  3                180             37,260
----------------------------------------------------------------------------------------------------------------

    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this proposed 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.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Boeing: Docket 2000-NM-115-AD.

    Applicability: Airplanes as listed in the table below; 
certificated in any category.

[[Page 34130]]



                                Table 1.
------------------------------------------------------------------------
                                              As listed in the following
             Models and series                Boeing service bulletins
------------------------------------------------------------------------
Model 707-100, -100B, -300, and -E3A        3499, Revision 1, dated May
 (Military).                                 17, 2001
Model 727-100 and 727-200.................  727-25-0295, Revision 1,
                                             dated May 17, 2001
Model 737 -200, -200C, -300, -400, and -    737-25-1412, Revision 1,
 500.                                        dated May 17, 2001
Model 747SR, 747SP, and 747-100B, -200B, -  747-25-3244, Revision 1,
 200C, -200F, -300, -400, and -400D.         dated May 17, 2001
Model 757-200 and 757-200PF...............  757-25-0223, Revision 1,
                                             dated May 17, 2001
Model 767-200 and -300....................  767-25-0288, Revision 1,
                                             dated May 17, 2001
------------------------------------------------------------------------


    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    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, accomplish 
the following:

Inspection and Corrective Action

    (a) Within 18 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 
Boeing Service Bulletin 3499, 727-25-0295, 737-25-1412, 747-25-3244, 
757-25-0223, or 767-25-0288; all Revision 1; all dated May 17, 2001; 
as applicable. If the shoulder harness is looped through the bracket 
and attached to itself with a C-clip, do paragraph (a)(1) or (a)(2) 
of this AD.
    (1) Remove and discard the C-clip, and reattach the shoulder 
harness to the mounting bracket, according to the service bulletin.

    Note 2: Removing and discarding the C-clip and reattaching the 
shoulder harness to the mounting bracket; according to Boeing 
Special Attention Service Bulletin 3499, 727-25-0295, 737-25-1412, 
747-25-3244, 757-25-0233, or 767-25-0288; all dated April 27, 2000; 
as applicable; is acceptable for compliance with the requirements of 
paragraph (a)(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 applicable service bulletin.

Spares

    (b) 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 (a)(2) of this AD are done.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Seattle ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

    Issued in Renton, Washington, on June 20, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-16055 Filed 6-26-01; 8:45 am]
BILLING CODE 4910-13-U


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