Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series Airplanes; and Model 757-200 and -200CB Series Airplanes, 5366-5370 [05-1722]
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Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations
Changes to 14 CFR Part 39—Effect on
the AD
How does the revision to 14 CFR part
39 affect this AD? On July 10, 2002, the
FAA published a new version of 14 CFR
part 39 (67 FR 47997, July 22, 2002),
which governs the FAA’s AD system.
This regulation now includes material
that relates to altered products, special
flight permits, and alternative methods
of compliance. This material previously
was included in each individual AD.
Since this material is included in 14
CFR part 39, we will not include it in
future AD actions.
Costs of Compliance
What is the cost impact of this AD on
owners/operators of the affected
airplanes? We estimate the following
costs to do the replacement of any type
TLP–D or TLED rivets on the aileron
pushrod ends and elevator control
pushrod ends:
How many airplanes does this AD
impact? We estimate that this AD affects
6 airplanes in the U.S. registry.
Labor cost
Parts cost
Total cost per
airplane
6 workhours × $65 per hour = $390 .......................
$37 for 100 Cherry Max 3213–4–2 or 3243–4–2
(oversize nominal 1⁄8 inch) rivets.
$427
The Cherry Max 3213–4–2 or 3243–4–
2 rivets are available in a specially
sealed 100-count package. The costs
above cover this 100-count package
although you may need less than 100
rivets.
Regulatory Findings
Will this AD impact various entities?
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.
Will this AD involve a significant rule
or regulatory action? 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 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 summary of the costs
to comply with this AD and placed it in
the AD Docket. You may get a copy of
this summary by sending a request to us
at the address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2004–19444;
Directorate Identifier 2004–CE–33–AD’’
in your request.
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 AD.
§ 39.13
Total cost on U.S.
operators
$427 × 6 = $2,562
[Amended]
I 2. FAA amends § 39.13 by adding a
new AD to read as follows:
2005–03–04 Pacific Aerospace Corporation,
Ltd.: Amendment 39–13960; Docket No.
FAA–2004–19444; Directorate Identifier
2004–CE–33–AD.
When Does This AD Become Effective?
(a) This AD becomes effective on March 21,
2005.
What Other ADs Are Affected by This
Action?
(b) None.
What Airplanes Are Affected by This AD?
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(c) This AD affects Model 750XL airplanes,
all serial numbers that are certificated in any
category.
What Is the Unsafe Condition Presented in
This AD?
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
(d) This AD is the result of mandatory
continuing airworthiness information (MCAI)
issued by the airworthiness authority for
New Zealand. The actions specified in this
AD are intended to replace the above
identified rivets on the aileron pushrod ends
and elevator control pushrod ends, which, if
not replaced, could result in loose
mechanical elements in the control systems.
This could lead to control anomalies and loss
of airplane control.
What Must I Do To Address This Problem?
(e) To address this problem, you must do
the following:
Actions
Compliance
Procedures
Replace any type TLP–D or TLED rivets on the
aileron pushrod ends and elevator control
pushrod ends with a new Cherry Max 3213–
4–2 or 3243–4–2 (oversize nominal 1⁄8 inch)
rivet.
(2) Do not install:
(i) Any type TLP–D or TLED rivets on the
aileron pushrod ends and elevator control pushrod ends; or.
(ii) Any aileron pushrods or elevator control
pushrods with type TLP–D or TLED rivets on the ends..
With 50 hours time-in-service (TIS) after
March 21, 2005 (the effective date of this
AD), unless already done.
Follow the ACCOMPLISHMENT INSTRUCTIONS in Pacific Aerospace Corporation
Mandatory Service Bulletin No. PACSB/XL/
007, dated June 22, 2004.
As of March 21, 2005 (the effective date of
this AD).
Not Applicable.
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Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations
May I Request an Alternative Method of
Compliance?
DEPARTMENT OF TRANSPORTATION
(f) You may request a different method of
compliance or a different compliance time
for this AD by following the procedures in 14
CFR 39.19. Unless FAA authorizes otherwise,
send your request to your principal
inspector. The principal inspector may add
comments and will send your request to the
Manager, Standards Office, Small Airplane
Directorate, FAA. For information on any
already approved alternative methods of
compliance, contact Karl Schletzbaum,
Aerospace Engineer, Small Airplane
Directorate, 901 Locust, Room 302, Kansas
City, MO 64106; telephone: 816–329–4146;
facsimile: 816–329–4090.
Federal Aviation Administration
Is There Other Information That Relates to
This Subject?
(g) New Zealand Airworthiness Directive
Number DCA/40XL/1, dated June 24, 2004,
also addresses the subject of this AD.
Does This AD Incorporate Any Material by
Reference?
(h) You must do the actions required by
this AD following the instructions in Pacific
Aerospace Corporation Mandatory Service
Bulletin No. PACSB/XL/007, dated June 22,
2004. The Director of the Federal Register
approved the incorporation by reference of
this service bulletin in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. To get a
copy of this service information, contact
Pacific Aerospace Corporation, Ltd.,
Hamilton Airport, Private Bag HN 3027,
Hamilton, New Zealand; telephone: 64 7 843
6144; facsimile: 64 7 843 6134. To review
copies of this service information, go to the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html or call (202) 741–6030. To
view the AD docket, go to the Docket
Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW.,
Nassif Building, Room PL–401, Washington,
DC 20590–001 or on the Internet at https://
dms.dot.gov. The docket number is FAA–
2004–19444.
Issued in Kansas City, Missouri, on January
24, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–1723 Filed 2–1–05; 8:45 am]
BILLING CODE 4910–13–P
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14 CFR Part 39
[Docket No. 2003–NM–221–AD; Amendment
39–13958; AD 2005–03–02]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–300, –400, and –500 Series
Airplanes; and Model 757–200 and
–200CB Series Airplanes
Federal Aviation
Administration, DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This amendment adopts a
new airworthiness directive (AD),
applicable to certain Boeing Model 737–
300, –400, and –500 series airplanes;
and Model 757–200 and –200CB series
airplanes, that requires inspection of the
applicable body station frames for open
body station frames and related
investigative/corrective actions; and
installation of lanyard hook brackets
and lanyard assemblies under the air
conditioning overhead ducts, as
applicable. This action is necessary to
prevent loosened or disconnected
overhead ducts from causing ceiling
panels to drop below the minimum
height of the evacuation zone for the
passenger cabin, which could result in
inadequate height for safe exit in the
event of an emergency evacuation. This
action is intended to address the
identified unsafe condition.
DATES: Effective March 9, 2005.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of March 9,
2005.
The service information
referenced in this AD may be obtained
from Boeing Commercial Airplanes,
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. This
information may be examined at the
Federal Aviation Administration (FAA),
Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW.,
Renton, Washington; or at the National
Archives and Records Administration
(NARA). For information on the
ADDRESSES:
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5367
availability of this material at NARA,
call (202) 741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Keith Ladderud, 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) 917–6435; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION: A
proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to
include an airworthiness directive (AD)
that is applicable to certain Boeing
Model 737–300, –400, and –500 series
airplanes; and Model 757–200 and
–200CB series airplanes was published
in the Federal Register on May 11, 2004
(69 FR 26054). That action proposed to
require inspection of the applicable
body station frames for open body
station frames and related investigative/
corrective actions; and installation of
lanyard hook brackets and lanyard
assemblies under the air conditioning
overhead ducts, as applicable.
Comments
Interested persons have been afforded
an opportunity to participate in the
making of this amendment. Due
consideration has been given to the
comments received.
Request for an Optional Terminating
Action
Two commenters request that we add
Boeing Service Letter 757–SL–21–057–
A, including Attachments I and II, dated
March 24, 2004, as an alternative
method of compliance (AMOC) for the
installation of lanyards on Boeing
Model 757 series airplanes. As
justification, one commenter states that
the duct manufacturer has created
replacement overhead ducts with nearly
50 percent greater ultimate strength than
the ducts delivered on the affected
airplanes. The commenter also asserts
that, because of the reduced duct
dimensions and air loads, there has not
been any tension failure of ducts
forward of station 550 or aft of station
1389 on Model 757–200 series
airplanes.
The other commenter states that the
new, improved overhead ducts
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Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations
eliminate the need to install lanyards,
since they are more robust and resistant
to de-coupling, delamination, moisture
ingress, and breakaway at attach points.
The commenter also points out that the
FAA has approved these ducts through
the parts manufacturer approval
process.
We agree with the commenters. Since
issuance of the proposed AD, we have
reviewed Boeing Service Letter 757–SL–
21–057–A, including Attachments I and
II, dated March 24, 2004. For certain
Model 757 series airplanes, the Boeing
service letter describes procedures for
replacing the original design foam ducts
with new, improved foam ducts. We
find that this optional replacement
adequately addresses the unsafe
condition in this AD on certain Model
757–200 and –200CB series airplanes.
The optional replacement would
eliminate the need for the general visual
inspection and corrective actions, if
applicable, required by paragraph (c) of
this AD. Therefore, we have inserted a
new paragraph (d) into this final rule
and relettered the subsequent
paragraphs accordingly.
Request To Extend Compliance Time
One commenter requests that we
extend the compliance time for
installing lanyards from 60 months to at
least 63 months, so affected operators
can perform the installation during a
scheduled heavy maintenance interval.
The commenter states the 60-month
interval does not correspond with any
maintenance interval for Boeing Model
757 series airplanes or with the
Maintenance Review Board (MRB)
heavy maintenance visit (4C), which is
scheduled at a 72-month interval. The
commenter also asserts that airplane
downtime would be significant if the
proposed installation is scheduled
outside of a heavy maintenance visit. As
justification for the request, the
commenter says that failure of the ducts
is evident by the appearance of the
ceiling panels, which could be
discovered and corrected during the
MRB zonal inspection of the main cabin
that occurs every 18 months (at 1C). In
its experience, the commenter believes
this interval is sufficient. The
commenter also states ‘‘* * * a 63month compliance time would leave
one interval at no more than (allowing
for prior yield loss) 12 months which
would be less than the 1C interval.’’
We agree with the commenter’s
request to extend the compliance time.
We intended to require the inspection
and installation of lanyards at intervals
that would coincide with regularly
scheduled maintenance visits for the
majority of the affected fleet, when the
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airplanes would be located at a base
where special equipment and trained
personnel would be readily available, if
necessary. Based on the information
supplied by the commenters, we now
recognize that 72 months corresponds
more closely to the interval
representative of most of the affected
operators’ normal maintenance
schedules. We have revised paragraphs
(b)(1), (b)(2), and (c) of the final rule to
require a compliance time of 72 months.
We do not consider that this extension
will adversely affect safety.
Request To Withdraw Proposed AD
One commenter objects to requiring
an AD to address the unsafe condition
in Boeing Special Attention Service
Bulletin 737–21–1131, Revision 2, dated
April 18, 2002, because of the large
expense of complying with the
proposed AD. For its 67 affected
airplanes, the commenter states that it
would cost $1,500,000, and that the
manufacturer would not offer any
reimbursement for this expense. The
commenter also states that the price of
the modification kit increased 40
percent after issuance of the proposed
AD. We infer that the commenter is
asking us to withdraw the proposed AD.
We do not agree with the inferred
request, since the installation of
lanyards is necessary to prevent
loosened or disconnected overhead
ducts from causing ceiling panels to
drop below the minimum height of the
evacuation zone for the passenger cabin.
This condition could result in
inadequate height for safe exit in the
event of an emergency evacuation.
While we acknowledge the concern of
the commenter, we cannot control the
cost of the manufacturer’s modification
kit or get involved in any discussion
related to reimbursement from the
manufacturer. The cost impact of this
AD is based on the best data available
provided to us by the manufacturer. No
change to this AD is necessary in this
regard.
Request To Allow Repetitive
Inspections and Optional Terminating
Action
Two commenters request that, as an
alternate method of compliance, we
allow repetitive inspections of the
overhead ducts and replacement of
deteriorating ducts before they fail. One
commenter requests specifically that the
repetitive inspections are done at every
C-check, and that the replacement is
done in accordance with Boeing Service
Letter 757–SL–21–057–A, including
Attachments I and II, dated March 24,
2004. The commenter states that this
service letter provides procedures for
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installing improved overhead ducts,
which substantially increases the
structural support for the ducts and
ceiling panels. The commenter provides
no justification for the repetitive
inspections.
The other commenter believes that
regular inspections of the overhead
ducts for air leakage and the addition of
repetitive inspections of the duct
holding clamps/brackets and ceiling
supports to the regular inspection of the
overhead duct assembly by borescope
method would sufficiently address the
unsafe condition in the proposed AD.
The commenter asserts that these
inspections would allow early and
proper action to prevent the unsafe
condition. The commenter states that its
proposed AMOC is adequate, since it
has never discovered the unsafe
condition addressed by the proposed
AD on any of its own or its customer’s
affected airplanes.
We do not agree with the commenters’
request to allow repetitive inspections
of the overhead ducts. However, as
stated in our response to a previous
comment, we agree that replacement of
the overhead ducts in accordance with
Boeing Service Letter 757–SL–21–057–
A adequately addresses the unsafe
condition in this AD for certain Model
757–200 and –200CB series airplanes
and eliminates the need for the actions
required by paragraph (c) of this AD.
We have investigated the potential for
repetitive inspections of the overhead
ducts, either by borescope or other
methods, as an alternative to installing
lanyards and have determined that an
inspection program is impracticable due
to the nature of the duct design and
failure mode. It has been shown that,
over time, the overhead ducts will
deteriorate. In addition, operators have
reported overhead ducts with air
leakage, moisture ingress, delamination,
broken isolator mounts, and support
mounts that have pulled through the
duct. Furthermore, the manufacturer has
told us that it cannot identify the
specific damage to the air ducts, which
would indicate where failure (the
ceiling panels dropping into the
passenger evacuation zone) is imminent.
While there have been very few
reported instances where the overhead
duct failed and consequently allowed
the panels to fall into the passenger
cabin, such a failure has been
encountered. This failure has been
linked to a deficiency in the design of
the affected airplanes and could cause
the inboard edge of the ceiling panel to
be in the passenger evacuation zone.
This situation will impede egress in the
event of an emergency evacuation.
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Request To Revise Cost Impact
One commenter questions our
estimate of 27 work hours for installing
lanyards in the proposed AD, where the
service bulletin estimates 39 work
hours, which includes time to gain
access to the area. The commenter states
that installing the attach brackets for the
lanyards involves significant problems
in gaining access and working in a
confined space. The commenter also
states that a review of the work required
for its fleet of Model 757 series airplanes
indicated that the estimate in the service
bulletin is already very conservative.
We infer that the commenter requests
that we revise the Cost Impact for this
AD.
We do not agree with the inferred
request because the purpose of the Cost
Impact section is only to estimate the
costs of compliance with the AD. As
stated in this and the proposed AD, 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. Therefore,
no change to this AD is necessary in this
regard.
Conclusion
After careful review of the available
data, including the comments noted
above, the FAA has determined that air
safety and the public interest require the
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adoption of the rule with the changes
previously described. The FAA has
determined that these changes will
neither increase the economic burden
on any operator nor increase the scope
of the AD.
Cost Impact
There are approximately 2,187
airplanes of the affected design in the
worldwide fleet. The FAA estimates that
984 airplanes of U.S. registry will be
affected by this AD. The following table
shows the estimated cost impact for
airplanes affected by this AD. The
average labor rate is $65 per work hour.
The estimated maximum total cost for
all airplanes affected by this AD is
$10,607,648.
TABLE.—COST IMPACT
Model
U.S.
registered
airplanes
737–300, –400, and –500
series airplanes.
665
757–200 and –200CB series airplanes.
319
Work hours per airplane
28 (Identify the body
frames, install support
brackets; rework and install insulation; install
lanyard and hook brackets).
27 (Examine station frame,
install bracket, lanyard,
and insulation).
The cost impact figures discussed
above are based on assumptions that no
operator has yet accomplished any of
the requirements of this AD action, and
that no operator would accomplish
those actions in the future if this 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.
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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.
This rulemaking is promulgated
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
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Labor cost
per airplane
Parts cost per airplane
Total cost
$1,820
$6,925 to $9,650 (Depending on overhead duct installation configuration).
$5,815,425 to $7,627,550
(Depending on overhead
duct installation configuration), or $8,745 to
$11,470 per airplane.
1,755
7,587 .................................
$2,980,098, or $9,342 per
airplane.
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
AD.
Regulatory Impact
The regulations adopted herein 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. Therefore, it is
determined that this final rule does not
have federalism implications under
Executive Order 13132.
For the reasons discussed above, I
certify that this action (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
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Flexibility Act. A final evaluation has
been prepared for this action and it is
contained in the Rules Docket. A copy
of it may be obtained from the Rules
Docket at the location provided under
the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. Section 39.13 is amended by adding
the following new airworthiness
directive:
I
2005–03–02 Boeing: Amendment 39–13958.
Docket 2003–NM–221–AD.
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Applicability: This AD applies to the
airplanes listed in Table 1 of this AD,
certificated in any category:
TABLE 1.—APPLICABILITY
Boeing model
As listed in
Model 737–300,
–400, and –500 series airplanes.
Boeing Special Attention Service Bulletin
737–21–1131, Revision 2, dated April
18, 2002.
Boeing Special Attention Service Bulletin
757–21–0088,
dated April 18,
2002.
Model 757–200 and
–200CB series airplanes.
Compliance: Required as indicated, unless
accomplished previously.
To prevent loosened or disconnected
overhead ducts from causing ceiling panels
to drop below the minimum height of the
evacuation zone for the passenger cabin,
which could result in inadequate height for
safe exit in the event of an emergency
evacuation, accomplish the following:
Service Bulletin References
(a) The term ‘‘service bulletin,’’ as used in
this AD, means the applicable service
bulletins listed in Table 1 of this AD.
Inspection and Related Investigative/
Corrective Actions
(b) For Model 737–300, –400, and –500
series airplanes, do the actions required in
paragraphs (b)(1) and (b)(2) of this AD at the
specified compliance times, in accordance
with the Accomplishment Instructions of the
service bulletin.
(1) Within 72 months after the effective
date of this AD, do a general visual
inspection at the applicable body station
frames for open body station frames; and,
before further flight, do all the related
investigative/corrective actions, as
applicable; by accomplishing all of the
actions in paragraph 3.B. of the service
bulletin.
Note 1: For the purposes of this AD, a
general visual inspection is defined as: ‘‘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 enhance visual
access to all exposed 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.’’
(2) Within 72 months after the effective
date of this AD, do the actions required in
paragraph (b)(2)(i) or (b)(2)(ii) of this AD, as
applicable.
(i) For Groups 1 and 3 airplanes identified
in the service bulletin: Install the lanyard
hook brackets and each lanyard assembly
under the air conditioning (AC) overhead
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ducts in accordance with paragraph 3.C. of
the service bulletin.
(ii) For Group 2 airplanes identified in the
service bulletin: Install the lanyard hook
brackets and the lanyard assemblies under
the AC overhead ducts by accomplishing all
of the actions in paragraph 3.D. of the service
bulletin.
(c) For Model 757–200 and –200CB series
airplanes: Within 72 months after the
effective date of this AD, do a general visual
inspection of the applicable body station
frames for open body station frames; and,
before further flight, do all the corrective
actions, as applicable; by accomplishing all
of the actions in the Accomplishment
Instructions of the service bulletin.
Optional Terminating Action
(d) For Model 757–200 and –200CB series
airplanes: Accomplishing the replacement of
the original design foam ducts with SaintGobain design foam ducts by doing all of the
actions in Attachments I and II of Boeing
Service Letter 757–SL–21–057–A, dated
March 24, 2004, terminates the actions
required by paragraph (c) of this AD.
Credit for Actions Accomplished Per
Previous Service Bulletins
(e) Actions accomplished before the
effective date of this AD per Boeing Special
Attention Service Bulletin 737–21–1131,
original release, dated December 20, 2001; or
Revision 1, dated January 25, 2002; are
acceptable for compliance with the
requirements of paragraph (b) of this AD.
Alternative Methods of Compliance
(f) In accordance with 14 CFR 39.19, the
Manager, Seattle Aircraft Certification Office,
FAA, is authorized to approve alternative
methods of compliance (AMOCs) for this AD.
Incorporation by Reference
(g) Unless otherwise specified by this AD,
the actions shall be done in accordance with
Boeing Special Attention Service Bulletin
737–21–1131, Revision 2, dated April 18,
2002; and Boeing Special Attention Service
Bulletin 757–21–0088, dated April 18, 2002;
as applicable. The optional terminating
action, if accomplished, shall be done in
accordance with Boeing Service Letter 757–
SL–21–057–A, including Attachements I and
II, dated March 24, 2004. This incorporation
by reference was approved by the Director of
the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies may
be obtained from Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207. Copies may be
inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Effective Date
(h) This amendment becomes effective on
March 9, 2005.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Issued in Renton, Washington, on January
18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–1722 Filed 2–1–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2005–20059; Airspace
Docket No. 05–ACE–1]
Modification of Class E Airspace;
Rolla/Vichy, MO
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; request for
comments.
AGENCY:
SUMMARY: This action amends Title 14
Code of Federal Regulations, part 71 (14
CFR 71) by revising Class E airspace
areas at Rolla/Vichy, MO. A review of
the Class E airspace surface area and the
Class E airspace area extending upward
from 700 feet above ground level (AGL)
at Rolla/Vichy, MO reveals neither area
complies with criteria for extensions nor
reflects the current Rolla National
Airport airport reference point (APR).
Also, the legal descriptions of both area
are not in proper format. These airspace
areas and their legal descriptions are
modified to conform to the criteria in
FAA Orders.
DATES: This direct final rule is effective
on 0901 UTC, May 12, 2005. Comments
for inclusion in the Rules Docket must
be received on or before March 3, 2005.
ADDRESSES: Send comments on this
proposal to the Docket Management
System, U.S. Department of
Transportation, Room Plaza 401, 400
Seventh Street, SW., Washington, DC
20590–0001. You must identify the
docket number FAA–2005–20059/
Airspace Docket No. 05–ACE–1, at the
beginning of your comments. You may
also submit comments on the Internet at
https://dms.dot.gov. You may review the
public docket containing the proposal,
any comments received, and any final
disposition in person in the Dockets
Office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The Docket Office (telephone
1–800–647–5527) is on the plaza level
of the Department of Transportation
NASSIF Building at the above address.
FOR FURTHER INFORMATION CONTACT:
Brenda Mumper, Air Traffic Division,
Airspace Branch, ACE–520A, DOT
Regional Headquarters Building, Federal
E:\FR\FM\02FER1.SGM
02FER1
]]>Agencies
[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Rules and Regulations]
[Pages 5366-5370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1722]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-221-AD; Amendment 39-13958; AD 2005-03-02]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-300, -400, and -500
Series Airplanes; and Model 757-200 and -200CB Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Boeing Model 737-300, -400, and -500 series
airplanes; and Model 757-200 and -200CB series airplanes, that requires
inspection of the applicable body station frames for open body station
frames and related investigative/corrective actions; and installation
of lanyard hook brackets and lanyard assemblies under the air
conditioning overhead ducts, as applicable. This action is necessary to
prevent loosened or disconnected overhead ducts from causing ceiling
panels to drop below the minimum height of the evacuation zone for the
passenger cabin, which could result in inadequate height for safe exit
in the event of an emergency evacuation. This action is intended to
address the identified unsafe condition.
DATES: Effective March 9, 2005.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 9, 2005.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplanes, 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. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington; or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 741-6030, or go to: https://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html.
FOR FURTHER INFORMATION CONTACT: Keith Ladderud, 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) 917-6435; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Boeing Model 737-300, -
400, and -500 series airplanes; and Model 757-200 and -200CB series
airplanes was published in the Federal Register on May 11, 2004 (69 FR
26054). That action proposed to require inspection of the applicable
body station frames for open body station frames and related
investigative/corrective actions; and installation of lanyard hook
brackets and lanyard assemblies under the air conditioning overhead
ducts, as applicable.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request for an Optional Terminating Action
Two commenters request that we add Boeing Service Letter 757-SL-21-
057-A, including Attachments I and II, dated March 24, 2004, as an
alternative method of compliance (AMOC) for the installation of
lanyards on Boeing Model 757 series airplanes. As justification, one
commenter states that the duct manufacturer has created replacement
overhead ducts with nearly 50 percent greater ultimate strength than
the ducts delivered on the affected airplanes. The commenter also
asserts that, because of the reduced duct dimensions and air loads,
there has not been any tension failure of ducts forward of station 550
or aft of station 1389 on Model 757-200 series airplanes.
The other commenter states that the new, improved overhead ducts
[[Page 5368]]
eliminate the need to install lanyards, since they are more robust and
resistant to de-coupling, delamination, moisture ingress, and breakaway
at attach points. The commenter also points out that the FAA has
approved these ducts through the parts manufacturer approval process.
We agree with the commenters. Since issuance of the proposed AD, we
have reviewed Boeing Service Letter 757-SL-21-057-A, including
Attachments I and II, dated March 24, 2004. For certain Model 757
series airplanes, the Boeing service letter describes procedures for
replacing the original design foam ducts with new, improved foam ducts.
We find that this optional replacement adequately addresses the unsafe
condition in this AD on certain Model 757-200 and -200CB series
airplanes. The optional replacement would eliminate the need for the
general visual inspection and corrective actions, if applicable,
required by paragraph (c) of this AD. Therefore, we have inserted a new
paragraph (d) into this final rule and relettered the subsequent
paragraphs accordingly.
Request To Extend Compliance Time
One commenter requests that we extend the compliance time for
installing lanyards from 60 months to at least 63 months, so affected
operators can perform the installation during a scheduled heavy
maintenance interval. The commenter states the 60-month interval does
not correspond with any maintenance interval for Boeing Model 757
series airplanes or with the Maintenance Review Board (MRB) heavy
maintenance visit (4C), which is scheduled at a 72-month interval. The
commenter also asserts that airplane downtime would be significant if
the proposed installation is scheduled outside of a heavy maintenance
visit. As justification for the request, the commenter says that
failure of the ducts is evident by the appearance of the ceiling
panels, which could be discovered and corrected during the MRB zonal
inspection of the main cabin that occurs every 18 months (at 1C). In
its experience, the commenter believes this interval is sufficient. The
commenter also states ``* * * a 63-month compliance time would leave
one interval at no more than (allowing for prior yield loss) 12 months
which would be less than the 1C interval.''
We agree with the commenter's request to extend the compliance
time. We intended to require the inspection and installation of
lanyards at intervals that would coincide with regularly scheduled
maintenance visits for the majority of the affected fleet, when the
airplanes would be located at a base where special equipment and
trained personnel would be readily available, if necessary. Based on
the information supplied by the commenters, we now recognize that 72
months corresponds more closely to the interval representative of most
of the affected operators' normal maintenance schedules. We have
revised paragraphs (b)(1), (b)(2), and (c) of the final rule to require
a compliance time of 72 months. We do not consider that this extension
will adversely affect safety.
Request To Withdraw Proposed AD
One commenter objects to requiring an AD to address the unsafe
condition in Boeing Special Attention Service Bulletin 737-21-1131,
Revision 2, dated April 18, 2002, because of the large expense of
complying with the proposed AD. For its 67 affected airplanes, the
commenter states that it would cost $1,500,000, and that the
manufacturer would not offer any reimbursement for this expense. The
commenter also states that the price of the modification kit increased
40 percent after issuance of the proposed AD. We infer that the
commenter is asking us to withdraw the proposed AD.
We do not agree with the inferred request, since the installation
of lanyards is necessary to prevent loosened or disconnected overhead
ducts from causing ceiling panels to drop below the minimum height of
the evacuation zone for the passenger cabin. This condition could
result in inadequate height for safe exit in the event of an emergency
evacuation. While we acknowledge the concern of the commenter, we
cannot control the cost of the manufacturer's modification kit or get
involved in any discussion related to reimbursement from the
manufacturer. The cost impact of this AD is based on the best data
available provided to us by the manufacturer. No change to this AD is
necessary in this regard.
Request To Allow Repetitive Inspections and Optional Terminating Action
Two commenters request that, as an alternate method of compliance,
we allow repetitive inspections of the overhead ducts and replacement
of deteriorating ducts before they fail. One commenter requests
specifically that the repetitive inspections are done at every C-check,
and that the replacement is done in accordance with Boeing Service
Letter 757-SL-21-057-A, including Attachments I and II, dated March 24,
2004. The commenter states that this service letter provides procedures
for installing improved overhead ducts, which substantially increases
the structural support for the ducts and ceiling panels. The commenter
provides no justification for the repetitive inspections.
The other commenter believes that regular inspections of the
overhead ducts for air leakage and the addition of repetitive
inspections of the duct holding clamps/brackets and ceiling supports to
the regular inspection of the overhead duct assembly by borescope
method would sufficiently address the unsafe condition in the proposed
AD. The commenter asserts that these inspections would allow early and
proper action to prevent the unsafe condition. The commenter states
that its proposed AMOC is adequate, since it has never discovered the
unsafe condition addressed by the proposed AD on any of its own or its
customer's affected airplanes.
We do not agree with the commenters' request to allow repetitive
inspections of the overhead ducts. However, as stated in our response
to a previous comment, we agree that replacement of the overhead ducts
in accordance with Boeing Service Letter 757-SL-21-057-A adequately
addresses the unsafe condition in this AD for certain Model 757-200 and
-200CB series airplanes and eliminates the need for the actions
required by paragraph (c) of this AD.
We have investigated the potential for repetitive inspections of
the overhead ducts, either by borescope or other methods, as an
alternative to installing lanyards and have determined that an
inspection program is impracticable due to the nature of the duct
design and failure mode. It has been shown that, over time, the
overhead ducts will deteriorate. In addition, operators have reported
overhead ducts with air leakage, moisture ingress, delamination, broken
isolator mounts, and support mounts that have pulled through the duct.
Furthermore, the manufacturer has told us that it cannot identify the
specific damage to the air ducts, which would indicate where failure
(the ceiling panels dropping into the passenger evacuation zone) is
imminent.
While there have been very few reported instances where the
overhead duct failed and consequently allowed the panels to fall into
the passenger cabin, such a failure has been encountered. This failure
has been linked to a deficiency in the design of the affected airplanes
and could cause the inboard edge of the ceiling panel to be in the
passenger evacuation zone. This situation will impede egress in the
event of an emergency evacuation.
[[Page 5369]]
Request To Revise Cost Impact
One commenter questions our estimate of 27 work hours for
installing lanyards in the proposed AD, where the service bulletin
estimates 39 work hours, which includes time to gain access to the
area. The commenter states that installing the attach brackets for the
lanyards involves significant problems in gaining access and working in
a confined space. The commenter also states that a review of the work
required for its fleet of Model 757 series airplanes indicated that the
estimate in the service bulletin is already very conservative. We infer
that the commenter requests that we revise the Cost Impact for this AD.
We do not agree with the inferred request because the purpose of
the Cost Impact section is only to estimate the costs of compliance
with the AD. As stated in this and the proposed AD, 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. Therefore, no change to
this AD is necessary in this regard.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 2,187 airplanes of the affected design in
the worldwide fleet. The FAA estimates that 984 airplanes of U.S.
registry will be affected by this AD. The following table shows the
estimated cost impact for airplanes affected by this AD. The average
labor rate is $65 per work hour. The estimated maximum total cost for
all airplanes affected by this AD is $10,607,648.
Table.--Cost Impact
----------------------------------------------------------------------------------------------------------------
U.S. Labor cost
Model registered Work hours per per Parts cost per Total cost
airplanes airplane airplane airplane
----------------------------------------------------------------------------------------------------------------
737-300, -400, and -500 series 665 28 (Identify the $1,820 $6,925 to $9,650 $5,815,425 to
airplanes. body frames, (Depending on $7,627,550
install support overhead duct (Depending on
brackets; rework installation overhead duct
and install configuration). installation
insulation; configuration),
install lanyard or $8,745 to
and hook $11,470 per
brackets). airplane.
757-200 and -200CB series 319 27 (Examine 1,755 7,587............ $2,980,098, or
airplanes. station frame, $9,342 per
install bracket, airplane.
lanyard, and
insulation).
----------------------------------------------------------------------------------------------------------------
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this 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.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
This rulemaking is promulgated 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 AD.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2005-03-02 Boeing: Amendment 39-13958. Docket 2003-NM-221-AD.
[[Page 5370]]
Applicability: This AD applies to the airplanes listed in Table
1 of this AD, certificated in any category:
Table 1.--Applicability
------------------------------------------------------------------------
Boeing model As listed in
------------------------------------------------------------------------
Model 737-300, -400, and -500 series Boeing Special Attention
airplanes. Service Bulletin 737-21-
1131, Revision 2, dated
April 18, 2002.
Model 757-200 and -200CB series airplanes. Boeing Special Attention
Service Bulletin 757-21-
0088, dated April 18, 2002.
------------------------------------------------------------------------
Compliance: Required as indicated, unless accomplished
previously.
To prevent loosened or disconnected overhead ducts from causing
ceiling panels to drop below the minimum height of the evacuation
zone for the passenger cabin, which could result in inadequate
height for safe exit in the event of an emergency evacuation,
accomplish the following:
Service Bulletin References
(a) The term ``service bulletin,'' as used in this AD, means the
applicable service bulletins listed in Table 1 of this AD.
Inspection and Related Investigative/Corrective Actions
(b) For Model 737-300, -400, and -500 series airplanes, do the
actions required in paragraphs (b)(1) and (b)(2) of this AD at the
specified compliance times, in accordance with the Accomplishment
Instructions of the service bulletin.
(1) Within 72 months after the effective date of this AD, do a
general visual inspection at the applicable body station frames for
open body station frames; and, before further flight, do all the
related investigative/corrective actions, as applicable; by
accomplishing all of the actions in paragraph 3.B. of the service
bulletin.
Note 1: For the purposes of this AD, a general visual inspection
is defined as: ``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 enhance visual access to all exposed 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.''
(2) Within 72 months after the effective date of this AD, do the
actions required in paragraph (b)(2)(i) or (b)(2)(ii) of this AD, as
applicable.
(i) For Groups 1 and 3 airplanes identified in the service
bulletin: Install the lanyard hook brackets and each lanyard
assembly under the air conditioning (AC) overhead ducts in
accordance with paragraph 3.C. of the service bulletin.
(ii) For Group 2 airplanes identified in the service bulletin:
Install the lanyard hook brackets and the lanyard assemblies under
the AC overhead ducts by accomplishing all of the actions in
paragraph 3.D. of the service bulletin.
(c) For Model 757-200 and -200CB series airplanes: Within 72
months after the effective date of this AD, do a general visual
inspection of the applicable body station frames for open body
station frames; and, before further flight, do all the corrective
actions, as applicable; by accomplishing all of the actions in the
Accomplishment Instructions of the service bulletin.
Optional Terminating Action
(d) For Model 757-200 and -200CB series airplanes: Accomplishing
the replacement of the original design foam ducts with Saint-Gobain
design foam ducts by doing all of the actions in Attachments I and
II of Boeing Service Letter 757-SL-21-057-A, dated March 24, 2004,
terminates the actions required by paragraph (c) of this AD.
Credit for Actions Accomplished Per Previous Service Bulletins
(e) Actions accomplished before the effective date of this AD
per Boeing Special Attention Service Bulletin 737-21-1131, original
release, dated December 20, 2001; or Revision 1, dated January 25,
2002; are acceptable for compliance with the requirements of
paragraph (b) of this AD.
Alternative Methods of Compliance
(f) In accordance with 14 CFR 39.19, the Manager, Seattle
Aircraft Certification Office, FAA, is authorized to approve
alternative methods of compliance (AMOCs) for this AD.
Incorporation by Reference
(g) Unless otherwise specified by this AD, the actions shall be
done in accordance with Boeing Special Attention Service Bulletin
737-21-1131, Revision 2, dated April 18, 2002; and Boeing Special
Attention Service Bulletin 757-21-0088, dated April 18, 2002; as
applicable. The optional terminating action, if accomplished, shall
be done in accordance with Boeing Service Letter 757-SL-21-057-A,
including Attachements I and II, dated March 24, 2004. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124-2207. Copies may be inspected at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW.,
Renton, Washington; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to: https://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Effective Date
(h) This amendment becomes effective on March 9, 2005.
Issued in Renton, Washington, on January 18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-1722 Filed 2-1-05; 8:45 am]
BILLING CODE 4910-13-P
