[Federal Register Volume 70, Number 223 (Monday, November 21, 2005)]
[Rules and Regulations]
[Pages 70042-70044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22791]



[[Page 70042]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20357; Directorate Identifier 2004-NM-120-AD; 
Amendment 39-14377; AD 2005-23-19]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 767-200 and -300 series airplanes. This AD 
requires replacing hinge assemblies with new hinge assemblies in the 
outboard overhead stowage bins and reworking hinge assemblies in the 
outboard overhead stowage bins that are adjacent to curtain tracks. 
This AD results from reports of hinge assemblies of outboard overhead 
stowage bins breaking or the stowage bin doors not latching properly. 
We are issuing this AD to prevent the outboard overhead stowage bins 
opening during flight and releasing baggage, and consequently injuring 
passengers and blocking the aisles during emergency egress.

DATES: Effective December 27, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 27, 
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.

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 -300 series airplanes. That NPRM was published in the 
Federal Register on February 15, 2005 (70 FR 7691). That NPRM proposed 
to require replacing hinge assemblies with new hinge assemblies in the 
outboard overhead stowage bins and reworking hinge assemblies in the 
outboard overhead stowage bins that are adjacent to curtain tracks.

Comments

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

Supportive Comments

    Three commenters support the NPRM. One of the commenters also notes 
that it expects to complete the actions on all affected airplanes in 
its fleet within the proposed compliance time of 72 months.

Request To Reconsider Safety Risk

    One commenter, an operator, requests that we provide sufficient 
data to support our decision that Boeing Special Attention Service 
Bulletin 767-25-0078, Revision 4, dated June 10, 2004, addresses a 
safety concern. Based on the explanation/data we gave in the NPRM, and 
compared with the explanation/data given in the service bulletin, the 
commenter concludes that the service bulletin only addresses a 
reliability issue, and is not an appropriate subject for an NPRM or an 
AD. The commenter believes that the service bulletin only addresses a 
reliability issue since the service bulletin does not discuss the 
potential for the overhead bins to open and possibly release luggage 
that could cause passenger or crew injuries. The commenter also states 
that it contacted the manufacturer for data on passenger/crew injuries 
and the reason behind the change of the service bulletin from `normal' 
to `Special Attention,' but the manufacturer did not provide further 
data on injuries or why the service bulletin changed status. In 
addition, the operator states that it has reviewed its records and 
found only one incident resulting in injury (to a crew member), which 
occurred on a Model 767 airplane that is not affected by the 
applicability statement of this AD. The operator notes that internal 
data reveals a high replacement rate of the affected hinges, which in 
its opinion, suggests that the routine maintenance program is adequate.
    We agree that we did not give sufficient explanation as to why we 
concluded that the hinges are affected by an unsafe condition instead 
of a reliability issue. However, we disagree that the service bulletin 
is an inappropriate subject for an AD. The service bulletin understates 
the failures and safety issue that it addresses and leads the reader to 
conclude that it is a reliability issue. However, tests performed on 
the overhead stowage bins revealed a negative margin of safety for the 
design, which is not related to reliability. The tests showed that when 
the bins are subjected to a 4.5g downward load condition, these bins 
were able to handle only 1.12g, 25 percent of the required load 
tolerance. The commenter's high replacement rate of hinges may be 
attributed, in part, to the related understrength condition. In 
addition, when the bins are loaded, the excessive threshold deflection 
can cause stowage bin doors to disengage from the latches, resulting in 
baggage falling out and consequently causing serious passenger injury 
during routine flight conditions and blockage of the aisles during an 
emergency evacuation. Several operators have reported cases of hinge 
breakage and improper latching of the bin door to us. We are also 
considering additional rulemaking actions to address related overhead 
stowage bin and hinge designs on other model airplanes. We have not 
changed this AD regarding this issue.

Request To Revise Applicability Statement

    Another operator requests that the applicability be revised to 
exclude those airplanes without overhead stowage bins installed. The 
commenter states that it has airplanes that are included in the 
effectivity of the service bulletin, but have been modified from the 
original passenger configuration into a freighter/cargo configuration 
without overhead stowage bins installed per various supplemental type 
certificates. Since all of the overhead stowage bins have been removed, 
the freighter/cargo configuration would not be affected by the unsafe 
condition. The operator suggests that such a revision would reduce the 
number of requests submitted to the FAA for alternative

[[Page 70043]]

methods of compliance (AMOC), thus, reducing the use of FAA resources.
    We agree that airplanes with all the overhead stowage bins removed 
are not affected by the unsafe condition and should not be subject to 
this AD. The applicability statement of this AD has been revised to 
apply to Boeing Model 767-200 and -300 series airplanes, certified in 
any category; as listed in Boeing Special Attention Service Bulletin 
767-25-0078, Revision 4, dated June 10, 2004; equipped with overhead 
stowage bins.

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 change described 
previously. We have determined that this change will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this AD to clarify the appropriate procedure for 
notifying the principal inspector before using any approved AMOC on any 
airplane to which the AMOC applies.

Costs of Compliance

    There are about 172 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 75 airplanes of U.S. 
registry. The required actions will take about 20 work hours (.33 work 
hours per stowage bins; there are about 60 bins on an airplane) per 
airplane, at an average labor rate of $65 per work hour. Required parts 
will cost about $154,560 per airplane ($2,576 per bin). Based on these 
figures, the estimated cost of the AD for U.S. operators is 
$11,689,500, or $155,860 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the actions required by this 
AD, and that no operator would accomplish those actions in the future 
if this AD were not adopted. However, we have been advised that the 
terminating modification has already been installed on some affected 
overhead stowage bins on some airplanes. Therefore, the future economic 
cost impact of this rule on U.S. operators is expected to be less than 
the cost impact figure indicated above.

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 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):

2005-23-19 Boeing: Amendment 39-14377. Docket No. FAA-2005-20357; 
Directorate Identifier 2004-NM-120-AD.

Effective Date

    (a) This AD becomes effective December 27, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200 and -300 series 
airplanes, certificated in any category; as listed in Boeing Special 
Attention Service Bulletin 767-25-0078, Revision 4, dated June 10, 
2004; equipped with overhead stowage bins.

Unsafe Condition

    (d) This AD was prompted by reports of hinge assemblies of 
outboard overhead stowage bins breaking or the stowage bin doors not 
latching properly. We are issuing this AD to prevent the outboard 
overhead stowage bins opening during flight and releasing baggage, 
and consequently injuring passengers and blocking the aisles during 
emergency egress.

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

    (f) Within 72 months after the effective date of this AD, do 
paragraphs (f)(1) and (f)(2) of this AD.
    (1) Replace both hinge assemblies in the outboard overhead 
stowage bins with new hinge assemblies, in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-25-0078, Revision 4, dated June 10, 2004. If, during 
the replacement, any hinge does not close within the limits 
specified in the service bulletin, before further flight, repair the 
hinge according to a method approved by the Manager, Seattle 
Aircraft Certification Office (ACO), FAA. For a repair 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.
    (2) Rework hinges that are in stowage bins located adjacent to a 
curtain track in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 767-25-0078, Revision 4, 
dated June 10, 2004.

Previously Accomplished Actions

    (g) Replacement of the hinge assemblies with new hinge 
assemblies accomplished before the effective date of this AD in 
accordance with a Boeing service bulletin listed in Table 1 of this 
AD is acceptable for compliance with the requirements of paragraph 
(f) of this AD, except as specified in paragraph (h) of this AD.

[[Page 70044]]



              Table 1.--Acceptable Boeing Service Bulletins
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                              Revision level--
          Boeing--                                      Dated--
------------------------------------------------------------------------
Service Bulletin 767-25-0078  Original.......  June 25, 1987.
Service Bulletin 767-25-0078  1..............  May 19, 1988.
Service Bulletin 767-25-0078  2..............  March 16, 1989.
 (see paragraph (h) of this
 AD).
Special Attention Service     3..............  July 12, 2001.
 Bulletin 767-25-0078.
------------------------------------------------------------------------

    (h) Boeing Special Attention Service Bulletin 767-25-0078, 
Revision 2, dated March 16, 1989, allows for replacement of the 
hinge assemblies on an attrition basis (replacing the existing hinge 
assembly when it is broken or worn beyond functionality with a new 
hinge assembly). For this reason, airplanes that have been modified 
in accordance with Boeing Special Attention Service Bulletin 767-25-
0078, Revision 2, dated March 16, 1989, may still have some hinge 
assemblies that have not been replaced or reworked per the service 
bulletin. In such cases, this AD requires that all applicable hinge 
assemblies be replaced and reworked within the compliance time 
specified in paragraph (f) of this AD.

Parts Installation

    (i) As of the effective date of this AD, no one may install a 
hinge assembly in the outboard overhead stowage bins, having part 
number 413T1017-( ) on any airplane to which this AD applies.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle 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

    (k) You must use Boeing Special Attention Service Bulletin 767-
25-0078, Revision 4, dated June 10, 2004, 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 October 20, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-22791 Filed 11-18-05; 8:45 am]
BILLING CODE 4910-13-P