70042 Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations 

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. 

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 

Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations 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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 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. 

70044 Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations 

TABLE 1.—ACCEPTABLE BOEING SERVICE BULLETINS

Boeing— Revision level— Dated—

Service Bulletin 767–25–0078 ............................................................................... Original .................................................. June 25, 1987. 

Service Bulletin 767–25–0078 ............................................................................... 1 ............................................................ May 19, 1988. 

Service Bulletin 767–25–0078 (see paragraph (h) of this AD) ............................. 2 ............................................................ March 16, 1989. 

Special Attention Service Bulletin 767–25–0078 ................................................... 3 ............................................................ July 12, 2001. 

(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 § 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22256; Directorate 

Identifier 2005–NM–113–AD; Amendment 

39–14378; AD 2005–23–20] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 

Airplanes, and Model EMB–145, 

–145ER, –145MR, –145LR, –145XR, 

–145MP, and –145EP 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 

EMBRAER Model EMB–135 airplanes, 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes. This AD requires 

modification of the upper frame of the 

firewall for the auxiliary power unit 

(APU). This AD results from the 

discovery of a hole in the upper frame 

of the firewall for the APU. We are 

issuing this AD to ensure that the APU 

compartment is isolated from the rest of 

the airplane in the event of an APU fire. 

If the APU compartment is not isolated, 

smoke could enter the passenger cabin 

in the event of an APU fire. 

DATES: This AD becomes effective 

December 27, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications 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 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343—CEP 12.225, Sao Jose dos Campos–

SP, Brazil, for service information 

identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the airworthiness 

directive (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 EMBRAER Model 

EMB–135 airplanes, and Model EMB–

145, –145ER, –145MR, –145LR, –145XR, 

–145MP, and –145EP airplanes. That 

NPRM was published in the Federal 

Register on September 1, 2005 (70 FR 

52040). That NPRM proposed to require 

modification of the upper frame of the 

firewall for the auxiliary power unit 

(APU). 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To Reference Latest Revision of 

EMBRAER Service Bulletins 

One commenter, the manufacturer, 

requests that the NPRM be revised to 

reference EMBRAER Service Bulletin 

145LEG–53–0020, Revision 01, dated 

September 21, 2005; and EMBRAER 

Service Bulletin 145–53–0057, Revision 

01, dated September 20, 2005