[Federal Register Volume 70, Number 188 (Thursday, September 29, 2005)]
[Rules and Regulations]
[Pages 56821-56823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19227]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21170; Directorate Identifier 2002-NM-124-AD; 
Amendment 39-14298; AD 2005-20-05]
RIN 2120-AA64


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

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 767-200 and 767-300 series airplanes. This AD 
requires performing a general visual inspection to determine the part 
number of the I-beams of the center overhead stowage bin modules to 
identify I-beams having 9.0g (gravitational acceleration) tie rods 
attached and to determine the configuration of the center overhead 
stowage bin modules. For certain center overhead stowage bin modules, 
this AD requires installing support straps. This AD results from tests 
conducted by the airplane manufacturer. We are issuing this AD to 
prevent failure of the attachment of the 9.0g tie rods to the center 
overhead stowage bin modules. This failure could result in collapse of 
those stowage bin modules, and consequent injury to passengers and crew 
and interference with their ability to evacuate the airplane in an 
emergency.

DATES: Effective November 3, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 3, 
2005.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

[[Page 56822]]


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: 

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 street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Boeing Model 
767-200 and 767-300 series airplanes. That NPRM was published in the 
Federal Register on May 10, 2005 (70 FR 24488). That NPRM proposed to 
require performing a general visual inspection to determine the part 
number of the I-beams of the center overhead stowage bin modules to 
identify I-beams having 9.0g (gravitational acceleration) tie rods 
attached and to determine the configuration of the center overhead 
stowage bin modules. For certain center overhead stowage bin modules, 
that NPRM also proposed to require installing support straps.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Request To Revise Applicability

    One commenter requests that we revise the applicability of the NPRM 
to exclude airplanes that have been converted in accordance with a 
supplemental type certificate (STC) to a freighter configuration 
without the subject center overhead stowage bin modules. The commenter 
recommends changing the applicability paragraph to read, ``This AD 
applies to Boeing Model 767-200 and -300 series airplanes equipped with 
center overhead stowage bin modules, certified in any category; as 
identified in Boeing Special Attention Service Bulletin 767-25-0320, 
dated April 11, 2002.'' The commenter states that this revision will 
reduce the number of alternate method of compliance (AMOC) requests 
submitted to the FAA, and, therefore, will reduce the use of FAA 
resources.
    We agree that airplanes without the subject center overhead stowage 
bin modules should not be subject to the requirements of this AD, 
because, without those subject stowage bin modules, those airplanes are 
not subject to the unsafe condition addressed by this AD. Therefore, we 
have revised the applicability of the final rule to exclude airplanes 
that are not equipped with center overhead stowage bin modules.

Request To Delay Issuance of AD and To Reference Latest Service 
Information

    The other commenter, the manufacturer, requests that we delay 
issuance of the rule until it releases Revision 1 to Boeing Special 
Attention Service Bulletin 767-25-0320 (the original issue of this 
service bulletin was referenced in the NPRM as the appropriate source 
of service information for doing the proposed actions), which it 
intends to do at an unspecified time in the future. The commenter 
further states that the revision will clarify Figures 1 and 6 of the 
service bulletin, but it will not impact the intent of the service 
bulletin.
    We do not agree to delay issuance of this AD. We do not consider 
that delaying this action until after the release of the manufacturer's 
planned service bulletin is warranted, since the currently referenced 
service bulletin contains procedures that are sufficient for correcting 
the unsafe condition addressed by this AD. Once the revised service 
bulletin is released, operators may submit the revised instructions as 
a proposed AMOC, in accordance with paragraph (i) of this AD. We have 
not changed the final rule in this regard.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    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.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 747 airplanes of the affected design in the 
worldwide fleet. There are about 281 airplanes of U.S. registry. The 
following table provides the estimated costs for U.S. operators to 
comply with this AD. There are approximately 13 center overhead stowage 
bin modules per airplane and one I-beam per module.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                 Average labor                       Cost per
            Action                Work hours     rate per hour       Parts           airplane       Fleet cost
----------------------------------------------------------------------------------------------------------------
Inspection to determine P/N    1, per I-beam..             $65  None...........  $65, per I-beam        $237,445
 and configuration.
Strap installation...........  12, per I-beam.             $65  $816, per I-     $1,596, per I-       $5,830,188
                                                                 beam.            beam.
----------------------------------------------------------------------------------------------------------------

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.

[[Page 56823]]

Regulatory Findings

    We have determined that 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); 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-20-05 Boeing: Amendment 39-14298. Docket No. FAA-2005-21170; 
Directorate Identifier 2002-NM-124-AD.

Effective Date

    (a) This AD becomes effective October 31, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200 and 767-300 series 
airplanes equipped with center overhead stowage bin modules, 
certificated in any category; as identified in Boeing Special 
Attention Service Bulletin 767-25-0320, dated April 11, 2002.

Unsafe Condition

    (d) This AD results from tests conducted by the airplane 
manufacturer. We are issuing this AD to prevent failure of the 
attachment of the 9.0g (gravitational acceleration) tie rods to the 
center overhead stowage bin modules. This failure could result in 
collapse of those stowage bin modules, and consequent injury to 
passengers and crew and interference with their ability to evacuate 
the airplane 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.

Inspection to Determine I-beam Part Number (P/N)

    (f) Within 36 months after the effective date of this AD: 
Perform a general visual inspection of the center overhead stowage 
bin modules to determine the P/N of each I-beam and to determine the 
configuration of each center overhead stowage bin module. Do the 
inspection in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 767-25-0320, dated April 
11, 2002.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

    (g) For any I-beam found having P/N 412T2040-29 during the 
inspection required by paragraph (f) of this AD: No further action 
is required by this AD for that I-beam only.

Support Strap Installation

    (h) For any I-beam found having a P/N other than P/N 412T2040-29 
during the inspection required by paragraph (f) of this AD: Before 
further flight, do the actions in paragraph (h)(1) or (h)(2) of this 
AD, as applicable, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 767-25-
0320, dated April 11, 2002.
    (1) If the forward-most stowage bin module was inspected: Before 
further flight, install support straps having P/N 412T2043-101 and 
412T2043-102 on the center overhead stowage bin module, in 
accordance with Figures 3, 4, and 5 of the Accomplishment 
Instructions of the service bulletin.
    (2) If the stowage bin module inspected was other than the 
forward-most stowage bin module: Before further flight, do the 
actions specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD, 
as applicable.
    (i) For center overhead stowage bin modules having 
``Configuration A,'' as specified in the service bulletin: Before 
further flight, do the actions specified in paragraph (h)(1) of this 
AD.
    (ii) For center overhead stowage bin modules having a 
configuration other than ``Configuration A,'' as specified in the 
service bulletin: Before further flight, install two support straps 
having P/N 412T2043-119 on the center overhead stowage bin module, 
in accordance with Figures 3, 4, and 6 of the Accomplishment 
Instructions of the service bulletin.

Alternative Methods of Compliance (AMOCs)

    (i)(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.

Material Incorporated by Reference

    (j) You must use Boeing Special Attention Service Bulletin 767-
25-0320, dated April 11, 2002, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for a copy of this service information. You 
may review copies at the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on September 12, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-19227 Filed 9-28-05; 8:45 am]
BILLING CODE 4910-13-P