[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Proposed Rules]
[Pages 53106-53108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17670]


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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]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 and -300 Series 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 767-200 and -300 series airplanes. This 
proposed AD would 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, this proposed AD would also require 
related concurrent actions. This proposed 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 proposing 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: We must receive comments on this proposed AD by October 24, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207 for the service information identified in this 
proposed 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:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Include the docket number `` FAA-
2005-22321; Directorate Identifier 2005-NM-123-

[[Page 53107]]

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 website, 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 DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may 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

    We have received test data from the manufacturer indicating that 
the 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. The affected airplanes are certain Boeing 
Model 767-200 and -300 series airplanes. Under the 4.5g down-load 
condition, the threshold deflection of the stowage bins is too large 
and compromises the engagement of the doors. This condition, if not 
corrected, could result in the stowage bins 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.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 767-25-
0336, Revision 2, dated August 11, 2005. The service bulletin describes 
procedures for 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. Although 
Revision 2 states that the original issue of Service Bulletin 767-25-
0336 is dated September 18, 2003, the date that appears on that 
document is May 15, 2003.
    For certain airplanes, Service Bulletin 767-25-0336, Revision 2, 
specifies prior or concurrent accomplishment of Boeing Service Bulletin 
767-25-0211, Revision 1, dated July 14, 1994. Service Bulletin 767-25-
0211, Revision 1, describes procedures for replacing the door latches, 
strikes, and thresholds on the outboard overhead stowage compartments 
with new, improved latches, strikes, and thresholds.
    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 exist or develop on other airplanes 
of this same type design. For this reason, we are proposing this AD, 
which would require accomplishing the actions specified in the service 
information described previously.

Clarification of Compliance Time for the Modifications

    Boeing Special Attention Service Bulletin 767-25-0336, Revision 2, 
specifies that it is not necessary to modify all of the stowage bins at 
one time, provided the modification of an individual bin is completed 
prior to the airplane returning to service. We agree with this 
statement, but want to clarify that the modification of all affected 
stowage bins must be completed within 60 months after the effective 
date of the proposed AD. In developing an appropriate compliance time 
for this AD, we considered not only the manufacturer's recommendation, 
but the degree of urgency associated with addressing the subject unsafe 
condition, and the time necessary to perform the modifications. We have 
determined that a 60-month compliance time is an appropriate interval 
of time for affected airplanes to continue to operate without 
compromising safety. We have coordinated this compliance time with 
Boeing.

Costs of Compliance

    There are about 366 airplanes of the affected design in the 
worldwide fleet. The following tables provide the estimated costs for 
U.S. operators to comply with this proposed 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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[[Page 53108]]

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. 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:

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 
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2005-22321; Directorate Identifier 2005-NM-
123-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
24, 2005.

Affected ADs

    (b) None.

Applicability

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

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 60 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 before the effective date 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; is 
considered acceptable for compliance with the corresponding 
modifications specified in 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) 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.

    Issued in Renton, Washington, on August 24, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-17670 Filed 9-6-05; 8:45 am]
BILLING CODE 4910-13-P