Airworthiness Directives; Boeing Model 767-200 and -300 Series Airplanes, 30053-30056 [06-4803]
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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations
records to identify the results of the
inspection.
Inspection: Airplanes Not Previously
Inspected
(g) For airplanes that were not inspected in
accordance with AD 2002–03–07 before the
effective date of this AD: Before the
accumulation of 72 months since the date of
issuance of the original standard
airworthiness certificate or the date of
issuance of the original export certificate of
airworthiness, or within 24 months after the
effective date of this AD, whichever occurs
later, do a general visual ‘‘flaps off’’
inspection to detect corrosion of the of the
flap structure and machined ribs, in
accordance with the Accomplishment
Instructions of BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.57–
066, Revision 2, dated March 18, 2004. If no
corrosion is found: Before further flight,
reprotect the rib boss bores and faces, in
accordance with BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.57–
066, Revision 2, dated March 18, 2004.
Note 1: For the purposes of this AD, a
general visual inspection is: ‘‘A visual
examination of an interior or exterior area,
installation, or assembly to detect obvious
damage, failure, or irregularity. This level of
inspection is made from within touching
distance unless otherwise specified. A mirror
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
of inspection is made under normally
available lighting conditions such as
daylight, hangar lighting, flashlight, or
droplight and may require removal or
opening of access panels or doors. Stands,
ladders, or platforms may be required to gain
proximity to the area being checked.’’
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Follow-On Actions: No Corrosion Found
(h) If it is positively determined from the
records review required by paragraph (f) of
this AD that no corrosion was found during
the initial inspection, or if no corrosion was
found during the initial inspection required
by paragraph (g) of this AD: No further work
is required by this AD.
Follow-On Actions: Corrosion Found
(i) If it is determined during the records
review required by paragraph (f) of this AD
that any corrosion was found during the
initial inspection, or if it cannot be positively
determined from the records review required
by paragraph (f) of this AD that no corrosion
was found during the initial inspection, or if
any corrosion was found during the initial
inspection required by paragraph (g) of this
AD: Within 36 months after the initial
inspection or 24 months after the effective
date of this AD, whichever occurs later, but
not sooner than 24 months after the initial
inspection, perform a general visual
inspection of the flap structure and machined
ribs to detect corrosion, as specified in
paragraph (i)(1) or (i)(2), as applicable, in
accordance with the Accomplishment
Instructions of BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.57–
066, Revision 2, dated March 18, 2004.
(1) If the corrosion extended into the boss
bores, or if it cannot be positively determined
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from the records review specified in
paragraph (f) of this AD that corrosion did
not extend into the boss bores, do a ‘‘flapsoff’’ inspection.
(2) If the corrosion did not extend into the
boss bores, do a ‘‘flaps-on’’ inspection.
Corrective Actions
(j) If any corrosion is found during any
inspection required by this AD: Repair before
further flight in accordance with the
Accomplishment Instructions of BAE
Systems (Operations) Limited Inspection
Service Bulletin ISB.57–066, Revision 2,
dated March 18, 2004, except as required by
paragraph (k) of this AD.
Exceptions to Service Bulletin Specifications
(k) If any corrosion is detected and BAE
Systems (Operations) Limited Inspection
Service Bulletin ISB.57–066, Revision 2,
dated March 18, 2004, specifies to contact the
manufacturer for repair instructions: Repair
before further flight, using a method
approved by either the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA; or the Civil
Aviation Authority (or its delegated agent).
(l) Although the service bulletin referenced
in this AD specifies to submit certain
information to the manufacturer, this AD
does not include that requirement.
Actions Accomplished According to
Previous Issue of Service Bulletin
(m) Actions done before the effective date
of this AD in accordance with the
Accomplishment Instructions of BAE
Systems (Operations) Limited Inspection
Service Bulletin ISB.57–066, dated May 15,
2001; or Revision 1, dated September 20,
2002, are acceptable for compliance with the
corresponding requirements of paragraphs
(g), (h), (i), and (j) of this AD.
Alternative Methods of Compliance
(AMOCs)
(n)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
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.
Related Information
(o) British airworthiness directive G–2005–
0018, dated July 20, 2005, also addresses the
subject of this AD.
Material Incorporated by Reference
(p) You must use BAE Systems
(Operations) Limited Inspection Service
Bulletin ISB.57–066, Revision 2, dated March
18, 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 British Aerospace Regional Aircraft
American Support, 13850 Mclearen Road,
Herndon, Virginia 20171, for a copy of this
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30053
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 https://
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 https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on May 15,
2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–4802 Filed 5–24–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22321; Directorate
Identifier 2005–NM–123–AD; Amendment
39–14610; AD 2006–11–06]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 767–200 and –300 Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Boeing Model 767–200 and –300 series
airplanes. This AD requires replacing
the placards on certain stowage bins
with new placards, installing partial
dividers in certain other stowage bins,
and installing straps on stowage bins
containing life rafts. For certain
airplanes, this AD also requires related
concurrent actions. This AD results
from test data indicating that outboard
overhead stowage bins are unable to
withstand the 4.5g down-load standard
intended to protect passengers during
flight turbulence or a hard landing. We
are issuing this AD to prevent the
stowage bins from opening during flight
turbulence or a hard landing, which
could result in the contents of the
stowage bins falling onto the passenger
seats below and injuring passengers, or
blocking the aisles, impeding the
evacuation of passengers in an
emergency.
This AD becomes effective June
29, 2006.
The Director of the Federal Register
approved the incorporation by reference
DATES:
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of certain publications listed in the AD
as of June 29, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
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:
Patrick Gillespie, Aerospace Engineer,
Cabin Safety and Environmental
Systems Branch, ANM–150S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6429; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://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 September 7, 2005 (70 FR 53106).
That NPRM proposed to require
replacing the placards on certain
stowage bins with new placards,
installing partial dividers in certain
other stowage bins, and installing straps
on stowage bins containing life rafts. For
certain airplanes, that NPRM also
proposed to require related concurrent
actions; including replacing door
latches, strikes, and thresholds on the
outboard overhead stowage
compartments with new, improved
latches, strikes, and thresholds.
Comments
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We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Request To Extend Compliance Time
ATA, on behalf of its member, Delta
Airlines (Delta), requests that we extend
the compliance time from 60 months to
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72 months. Delta states that this will
allow operators to spread out the costs
over a longer period of time without any
demonstrable decrease in safety to the
fleet.
We agree with this request. We have
determined that an additional 12
months for compliance will not
significantly affect overall fleet safety.
Therefore, we have revised paragraph (f)
of the AD to extend the compliance time
to 72 months.
Request To Give Credit for Using
Original Issue of Service Information
ATA, on behalf of its member, Delta,
requests that we revise the NPRM to
give credit for actions accomplished
using the original issue of Boeing
Service Bulletin 767–25–0211, dated
August 12, 1993. Delta states that
Revision 1 of Service Bulletin 767–25–
0211, dated July 14, 1994 (referred to as
the appropriate source of service
information for accomplishing the
actions required by paragraph (g) of this
AD), requires no new work in certain
areas.
We agree with this request for the
reason given. Therefore, we have
revised paragraph (h) of the AD to
include a statement that actions
accomplished before the effective date
of this AD in accordance with Service
Bulletin 767–25–0211, dated August 12,
1993, are acceptable for compliance
with the corresponding actions of this
AD.
Request To Eliminate Need To Account
for Bins Not Installed
ATA, on behalf of its member, Delta,
requests that we revise the NPRM to
exclude the need to account for bins
that have been removed from the
airplane. Delta states that Boeing
Service Bulletins 767–25–0336 and
767–25–0211 both identify specific bin
modules which must be modified. Delta
asserts that the NPRM, as written, will
require certain bins to be modified even
if those bins have been removed in
accordance with an alternative method
of compliance (AMOC), and that
another AMOC will be required to
release operators from this unnecessary
compliance.
We do not agree with this request. We
find that an AMOC for the requirements
of paragraphs (f) and (g) of this AD is
not necessary if a stowage bin has been
removed. The requirements of
paragraphs (f) and (g) apply only to
stowage bins identified in the
referenced service bulletin. However,
stowage bins that have been removed
from airplanes are still subject to the
requirements of paragraph (i) of this AD.
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We have not changed the AD in this
regard.
Request for Justification of NPRM
One commenter, Delta, suggests that
we review our decision to issue an AD
to mandate the modifications described
in the referenced service information.
Delta states that the cost would be
excessive in an airplane that is
approaching its maximum age. Delta
asks if we or Boeing have researched
fleet data for past incidents as described
in the NPRM. Delta further asks if such
an incident is probable and if the
probability is high enough to
substantiate that this is a true safety
concern that justifies the costs to correct
it.
Though Delta did not specifically
request us to do so, we infer that Delta
is requesting us to withdraw this
proposed AD. We do not agree. This AD
corrects an unsafe condition related to
a stowage bin design that is significantly
under strength. We have performed an
analysis that indicates that several
serious injuries may occur during the
remaining service life of the affected
fleet if this condition is not corrected.
Further, Boeing has reported seven
events of inadvertent opening of these
stowage bins. Therefore, we have
determined that this AD is both
warranted and necessary. We have made
no changes to the AD in this regard;
however, we have provided some relief
to operators by extending the
compliance time as previously
discussed.
Recommendation To Revise
Accomplishment Instructions
The Air Transport Association (ATA),
on behalf of its member, American
Airlines (AAL), recommends that the
manufacturer revise the
Accomplishment Instructions of the
service information referenced in the
NPRM to allow operators to meet the
intent of the NPRM without using
partial dividers in the stowage
compartments. AAL states that the
change as described is costly and time
consuming because it creates two
different configurations of outboard
stowage bins in the 767 fleet, the cost of
repair of the partial dividers is not
accounted for, and use of partial
dividers will impact stowage space.
We do not agree. We have determined
that accomplishing the modifications
described in the referenced service
information adequately addresses the
unsafe condition. In addition, we do not
consider it appropriate to include
various provisions in an AD applicable
to a single operator’s unique use of an
affected airplane. However, under the
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provisions of paragraph (j) of the AD, we
may consider requests for approval of an
AMOC if sufficient data that are
submitted to substantiate that such a
design change would provide an
acceptable level of safety.
Request To Provide Warranty Coverage
for Material Costs
Avianca Airlines states that the
materials cost for this modification is
very expensive. Avianca Airlines further
states that the materials kit for this
modification was provided free of
charge by Boeing until 1994. Avianca
Airlines made no request to revise the
NPRM, but recommends that Boeing
continue to provide the materials kit
free of charge while the operators cover
the cost of labor.
As no change was requested, we have
not revised the AD in this regard.
Further, as material and parts costs are
determined by manufacturers, Avianca
Airlines may wish to contact Boeing to
discuss this recommendation.
Clarification of Alternative Method of
Compliance (AMOC) Paragraph
We have revised this action to clarify
the appropriate procedure for notifying
the principal inspector before using any
approved AMOC on any airplane to
which the AMOC applies.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
There are about 366 airplanes of the
affected design in the worldwide fleet
and 138 airplanes of U.S. registry. The
following tables provide the estimated
costs for U.S. operators to comply with
this AD.
ESTIMATED COSTS
Action
Average
labor rate
per hour
Work hours per kit
Installation of placards, dividers,
and straps.
Between 46 and 74
$65
Cost of parts kit per
airplane
Between $26,700
and $44,196.
Cost per airplane
Number of
U.S.-registered
airplanes
Between $29,690
and $49,006.
138
Fleet cost
Between
$4,097,220 and
$6,762,828.
ESTIMATED COSTS OF CONCURRENT SERVICE BULLETIN
Action
Average
labor rate
per hour
Work hours
Installation of new
door latches,
strikes, and
thresholds.
Between 24 and 31
$65
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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
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Parts
Between $7,000
and $70,000.
Cost per airplane
Between $8,560
and $72,015.
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.
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Number of
U.S.-registered
airplanes
105
Fleet cost
Between $898,800
and $7,561,575.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–11–06 Boeing: Amendment 39–14610.
Docket No. FAA–2005–22321;
Directorate Identifier 2005–NM–123–AD.
Effective Date
(a) This AD becomes effective June 29,
2006.
Affected ADs
(b) None.
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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations
Applicability
(c) This AD applies to Boeing Model 767–
200 and –300 series airplanes, certificated in
any category; as identified in Boeing Special
Attention Service Bulletin 767–25–0336,
Revision 2, dated August 11, 2005.
Unsafe Condition
(d) This AD results from test data
indicating that outboard overhead stowage
bins are unable to withstand the 4.5g download standard intended to protect passengers
during flight turbulence or a hard landing.
We are issuing this AD to prevent the
stowage bins from opening during flight
turbulence or a hard landing, which could
result in the contents of the stowage bins
falling onto the passenger seats below and
injuring passengers, or blocking the aisles,
impeding the evacuation of passengers in an
emergency.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Replacement of Placards and Installation of
Partial Divider Panels and Life Raft Straps
(f) Within 72 months after the effective
date of this AD: Replace the placards on
certain stowage bins with new placards,
install partial dividers in certain other
stowage bins, and install straps on stowage
bins containing life rafts, in accordance with
the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 767–25–
0336, Revision 2, dated August 11, 2005.
Actions Required To Be Accomplished Prior
to or Concurrently With Paragraph (f) of
This AD
(g) For Group 1 airplanes as identified in
Boeing Special Attention Service Bulletin
767–25–0336, Revision 2, dated August 11,
2005: Prior to or concurrently with the
accomplishment of paragraph (f) of this AD,
replace the door latches, strikes, and
thresholds on the outboard overhead stowage
compartments with new latches, strikes, and
thresholds. Do the replacement in accordance
with the Accomplishment Instructions of
Boeing Service Bulletin 767–25–0211,
Revision 1, dated July 14, 1994.
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Actions Accomplished Previously
(h) Accomplishment of the stowage bin
modifications required by paragraph (f) of
this AD in accordance with Boeing Special
Attention Service Bulletin 767–25–0336,
dated May 15, 2003; or Revision 1, dated
October 21, 2004; and paragraph (g) of this
AD in accordance with Boeing Service
Bulletin 767–25–0211, dated August 12,
1993; before the effective date of this AD; is
considered acceptable for compliance with
the corresponding requirements of this AD.
Parts Installation
(i) As of the effective date of this AD, no
person may install on any airplane a stowage
bin having a part number identified in Table
2 of Figure 1 of Boeing Special Attention
Service Bulletin 767–25–0336, Revision 2,
dated August 11, 2005, unless it has been
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Jkt 208001
modified by performing the applicable
actions in paragraph (f) of this AD.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in
accordance with 14 CFR 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 767–25–0336, Revision 2,
dated August 11, 2005; and Boeing Service
Bulletin 767–25–0211, Revision 1, dated July
14, 1994; as applicable; 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 these
documents 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
https://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
https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
event of a grid disturbance, a
Transmission Provider may
communicate to an affiliated nuclear
power plant specific information about
transmission system conditions on a
real-time basis.
DATES: Effective Date: The Order on
Request for Additional Clarification will
become effective May 25, 2006.
FOR FURTHER INFORMATION CONTACT:
Mary Kipp, Office of Enforcement,
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426. (202) 502–8228.
mary.kipp@ferc.gov.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher,
Chairman; Nora Mead Brownell, and
Suedeen G. Kelly.
Federal Energy Regulatory
Commission; DOE.
ACTION: Order on Request for Additional
Clarification.
Order on Request for Additional
Clarification
1. In this order, the Commission
addresses the request seeking
clarification of the Commission’s
February 16, 2006 ‘‘Interpretive Order
Relating to the Standards of Conduct’’
(Interpretive Order).1 The Interpretive
Order clarified that, subject to the noconduit rule, Transmission Providers
may communicate with affiliated
nuclear power plants regarding certain
matters related to the safety and
reliability of the transmission system, in
order to comply with requirements of
the Nuclear Regulatory Commission
(NRC). For the reasons discussed herein,
we grant the request for additional
clarification.
2. On March 20, 2006, Exelon
Corporation (‘‘Exelon’’) filed comments
and a request for clarification of the
Interpretive Order. Specifically, Exelon
requests that the Commission clarify
that a Transmission Provider can
provide its affiliated nuclear power
plants (‘‘NPPs’’) with specific
information concerning the location and
nature of grid disturbances that
potentially threaten the grid’s ability to
provide power to a plant’s safety
systems. On March 21, 2006, the
Nuclear Energy Institute (‘‘NEI’’) filed
comments in support of Exelon’s
position. In this order, the Commission
clarifies that, in the event of a grid
disturbance, a Transmission Provider
may communicate to an affiliated NPP
specific information about transmission
system conditions on a real-time basis,
including: (i) A technical description of
the grid disturbance, along with its
specific location on the system; (ii) the
grid elements, whether lines,
substations, or other elements, that may
SUMMARY: The Federal Energy
Regulatory Commission (Commission) is
issuing this Order to clarify that, in the
1 Interpretive Order Relating to the Standards of
Conduct, 71 FR 9446 (Feb. 24, 2006), FERC Stats.
& Regs. ¶ 31,206 (2006).
Issued in Renton, Washington, on May 9,
2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 06–4803 Filed 5–24–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 358
[Docket No. RM01–10–005]
Standards of Conduct for
Transmission Providers
Issued May 18, 2006.
AGENCY:
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]]>Agencies
[Federal Register Volume 71, Number 101 (Thursday, May 25, 2006)]
[Rules and Regulations]
[Pages 30053-30056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4803]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22321; Directorate Identifier 2005-NM-123-AD;
Amendment 39-14610; AD 2006-11-06]
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 the placards on certain stowage bins with new
placards, installing partial dividers in certain other stowage bins,
and installing straps on stowage bins containing life rafts. For
certain airplanes, this AD also requires related concurrent actions.
This AD results from test data indicating that outboard overhead
stowage bins are unable to withstand the 4.5g down-load standard
intended to protect passengers during flight turbulence or a hard
landing. We are issuing this AD to prevent the stowage bins from
opening during flight turbulence or a hard landing, which could result
in the contents of the stowage bins falling onto the passenger seats
below and injuring passengers, or blocking the aisles, impeding the
evacuation of passengers in an emergency.
DATES: This AD becomes effective June 29, 2006.
The Director of the Federal Register approved the incorporation by
reference
[[Page 30054]]
of certain publications listed in the AD as of June 29, 2006.
ADDRESSES: You may examine the AD docket on the Internet at https://
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: Patrick Gillespie, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (425) 917-6429; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at https://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 September 7, 2005 (70 FR 53106). That NPRM proposed
to require replacing the placards on certain stowage bins with new
placards, installing partial dividers in certain other stowage bins,
and installing straps on stowage bins containing life rafts. For
certain airplanes, that NPRM also proposed to require related
concurrent actions; including replacing door latches, strikes, and
thresholds on the outboard overhead stowage compartments with new,
improved latches, strikes, and thresholds.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Extend Compliance Time
ATA, on behalf of its member, Delta Airlines (Delta), requests that
we extend the compliance time from 60 months to 72 months. Delta states
that this will allow operators to spread out the costs over a longer
period of time without any demonstrable decrease in safety to the
fleet.
We agree with this request. We have determined that an additional
12 months for compliance will not significantly affect overall fleet
safety. Therefore, we have revised paragraph (f) of the AD to extend
the compliance time to 72 months.
Request To Give Credit for Using Original Issue of Service Information
ATA, on behalf of its member, Delta, requests that we revise the
NPRM to give credit for actions accomplished using the original issue
of Boeing Service Bulletin 767-25-0211, dated August 12, 1993. Delta
states that Revision 1 of Service Bulletin 767-25-0211, dated July 14,
1994 (referred to as the appropriate source of service information for
accomplishing the actions required by paragraph (g) of this AD),
requires no new work in certain areas.
We agree with this request for the reason given. Therefore, we have
revised paragraph (h) of the AD to include a statement that actions
accomplished before the effective date of this AD in accordance with
Service Bulletin 767-25-0211, dated August 12, 1993, are acceptable for
compliance with the corresponding actions of this AD.
Request To Eliminate Need To Account for Bins Not Installed
ATA, on behalf of its member, Delta, requests that we revise the
NPRM to exclude the need to account for bins that have been removed
from the airplane. Delta states that Boeing Service Bulletins 767-25-
0336 and 767-25-0211 both identify specific bin modules which must be
modified. Delta asserts that the NPRM, as written, will require certain
bins to be modified even if those bins have been removed in accordance
with an alternative method of compliance (AMOC), and that another AMOC
will be required to release operators from this unnecessary compliance.
We do not agree with this request. We find that an AMOC for the
requirements of paragraphs (f) and (g) of this AD is not necessary if a
stowage bin has been removed. The requirements of paragraphs (f) and
(g) apply only to stowage bins identified in the referenced service
bulletin. However, stowage bins that have been removed from airplanes
are still subject to the requirements of paragraph (i) of this AD. We
have not changed the AD in this regard.
Request for Justification of NPRM
One commenter, Delta, suggests that we review our decision to issue
an AD to mandate the modifications described in the referenced service
information. Delta states that the cost would be excessive in an
airplane that is approaching its maximum age. Delta asks if we or
Boeing have researched fleet data for past incidents as described in
the NPRM. Delta further asks if such an incident is probable and if the
probability is high enough to substantiate that this is a true safety
concern that justifies the costs to correct it.
Though Delta did not specifically request us to do so, we infer
that Delta is requesting us to withdraw this proposed AD. We do not
agree. This AD corrects an unsafe condition related to a stowage bin
design that is significantly under strength. We have performed an
analysis that indicates that several serious injuries may occur during
the remaining service life of the affected fleet if this condition is
not corrected. Further, Boeing has reported seven events of inadvertent
opening of these stowage bins. Therefore, we have determined that this
AD is both warranted and necessary. We have made no changes to the AD
in this regard; however, we have provided some relief to operators by
extending the compliance time as previously discussed.
Recommendation To Revise Accomplishment Instructions
The Air Transport Association (ATA), on behalf of its member,
American Airlines (AAL), recommends that the manufacturer revise the
Accomplishment Instructions of the service information referenced in
the NPRM to allow operators to meet the intent of the NPRM without
using partial dividers in the stowage compartments. AAL states that the
change as described is costly and time consuming because it creates two
different configurations of outboard stowage bins in the 767 fleet, the
cost of repair of the partial dividers is not accounted for, and use of
partial dividers will impact stowage space.
We do not agree. We have determined that accomplishing the
modifications described in the referenced service information
adequately addresses the unsafe condition. In addition, we do not
consider it appropriate to include various provisions in an AD
applicable to a single operator's unique use of an affected airplane.
However, under the
[[Page 30055]]
provisions of paragraph (j) of the AD, we may consider requests for
approval of an AMOC if sufficient data that are submitted to
substantiate that such a design change would provide an acceptable
level of safety.
Request To Provide Warranty Coverage for Material Costs
Avianca Airlines states that the materials cost for this
modification is very expensive. Avianca Airlines further states that
the materials kit for this modification was provided free of charge by
Boeing until 1994. Avianca Airlines made no request to revise the NPRM,
but recommends that Boeing continue to provide the materials kit free
of charge while the operators cover the cost of labor.
As no change was requested, we have not revised the AD in this
regard. Further, as material and parts costs are determined by
manufacturers, Avianca Airlines may wish to contact Boeing to discuss
this recommendation.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 366 airplanes of the affected design in the
worldwide fleet and 138 airplanes of U.S. registry. The following
tables provide the estimated costs for U.S. operators to comply with
this AD.
Estimated Costs
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Number of U.S.-
Action Work hours per kit Average labor Cost of parts kit Cost per airplane registered Fleet cost
rate per hour per airplane airplanes
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Installation of placards, Between 46 and 74... $65 Between $26,700 and Between $29,690 and 138 Between $4,097,220
dividers, and straps. $44,196. $49,006. and $6,762,828.
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Estimated Costs of Concurrent Service Bulletin
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Number of U.S.-
Action Work hours Average labor Parts Cost per airplane registered Fleet cost
rate per hour airplanes
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Installation of new door latches, Between 24 and 31... $65 Between $7,000 and Between $8,560 and 105 Between $898,800
strikes, and thresholds. $70,000. $72,015. and $7,561,575.
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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):
2006-11-06 Boeing: Amendment 39-14610. Docket No. FAA-2005-22321;
Directorate Identifier 2005-NM-123-AD.
Effective Date
(a) This AD becomes effective June 29, 2006.
Affected ADs
(b) None.
[[Page 30056]]
Applicability
(c) This AD applies to Boeing Model 767-200 and -300 series
airplanes, certificated in any category; as identified in Boeing
Special Attention Service Bulletin 767-25-0336, Revision 2, dated
August 11, 2005.
Unsafe Condition
(d) This AD results from test data indicating that outboard
overhead stowage bins are unable to withstand the 4.5g down-load
standard intended to protect passengers during flight turbulence or
a hard landing. We are issuing this AD to prevent the stowage bins
from opening during flight turbulence or a hard landing, which could
result in the contents of the stowage bins falling onto the
passenger seats below and injuring passengers, or blocking the
aisles, impeding the evacuation of passengers in an emergency.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Replacement of Placards and Installation of Partial Divider Panels and
Life Raft Straps
(f) Within 72 months after the effective date of this AD:
Replace the placards on certain stowage bins with new placards,
install partial dividers in certain other stowage bins, and install
straps on stowage bins containing life rafts, in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 767-25-0336, Revision 2, dated August 11, 2005.
Actions Required To Be Accomplished Prior to or Concurrently With
Paragraph (f) of This AD
(g) For Group 1 airplanes as identified in Boeing Special
Attention Service Bulletin 767-25-0336, Revision 2, dated August 11,
2005: Prior to or concurrently with the accomplishment of paragraph
(f) of this AD, replace the door latches, strikes, and thresholds on
the outboard overhead stowage compartments with new latches,
strikes, and thresholds. Do the replacement in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 767-25-0211,
Revision 1, dated July 14, 1994.
Actions Accomplished Previously
(h) Accomplishment of the stowage bin modifications required by
paragraph (f) of this AD in accordance with Boeing Special Attention
Service Bulletin 767-25-0336, dated May 15, 2003; or Revision 1,
dated October 21, 2004; and paragraph (g) of this AD in accordance
with Boeing Service Bulletin 767-25-0211, dated August 12, 1993;
before the effective date of this AD; is considered acceptable for
compliance with the corresponding requirements of this AD.
Parts Installation
(i) As of the effective date of this AD, no person may install
on any airplane a stowage bin having a part number identified in
Table 2 of Figure 1 of Boeing Special Attention Service Bulletin
767-25-0336, Revision 2, dated August 11, 2005, unless it has been
modified by performing the applicable actions in paragraph (f) of
this AD.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with 14 CFR
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-
25-0336, Revision 2, dated August 11, 2005; and Boeing Service
Bulletin 767-25-0211, Revision 1, dated July 14, 1994; as
applicable; 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 these documents
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 https://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 https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
Issued in Renton, Washington, on May 9, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-4803 Filed 5-24-06; 8:45 am]
BILLING CODE 4910-13-P
