Airworthiness Directives; Boeing Model 747-400 Series Airplanes

[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Rules and Regulations]
[Pages 47372-47374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22388]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-222-AD; Amendment 39-11273; AD 99-18-07]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-400 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 747-400 series airplanes, that 
requires installation of strap assemblies on the ceiling panels and 
rails that support the video monitors. This amendment is prompted by 
reports of the video monitor ceiling panels falling into the cabin area 
due to the failure of certain latch assemblies during turbulence. The 
actions specified by this AD are intended to prevent ceiling panels 
from falling into the passenger area in the event of failure of certain 
latch assemblies on the ceiling panels, which could result in 
consequent injury to the crew and passengers.

DATES: Effective October 5, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 5, 1999.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. 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 Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Jan Risheim, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-1675; fax (425) 227-1181.

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 747-400 
series airplanes was published in the Federal Register on November 9, 
1998 (63 FR 60222). That action proposed to require installation of 
strap assemblies on the ceiling panels and rails that support the video 
monitors.

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.
    One commenter states that the proposed AD is not applicable to any 
airplane in its fleet and offers no further comment.

Request To Revise Language of Unsafe Condition

    One commenter, the manufacturer, requests that the language used to 
describe the unsafe condition be revised to more accurately reflect the 
intent of the service bulletin. In the body of the proposal, the 
statement of the unsafe condition reads, ``To prevent failure of

[[Page 47373]]

certain latch assemblies on the ceiling panels, which could cause the 
ceiling panels to fall into the cabin area, and consequent injury to 
the crew and passengers, accomplish the following.'' The commenter 
states that the strap assemblies installed in accordance with the 
service bulletin ``* * * are not intended to, and will not, prevent 
failure of the latch assemblies. The function of the strap assemblies 
is to prevent the panels from falling in the event that the latches do 
fail.''
    The FAA concurs with the commenter's request. Therefore, the 
statement of unsafe condition has been revised accordingly in both the 
``Summary'' and ``Compliance'' sections of the final rule.

Request To Reduce Cost Estimate

    One commenter, the manufacturer, requests that the estimated number 
of work hours be reduced from the 476 work hours stated in the 
proposal. The commenter points out that, in Boeing Service Bulletin 
747-25A3142, Revision 1, dated August 6, 1998, the estimated number of 
work hours necessary for the installation of strap assemblies on the 
ceiling panels is reduced from 34 work hours per panel (as stated in 
the original issue of the service bulletin, dated October 16, 1997) to 
9 work hours per panel. Furthermore, the commenter states that the 
number of work hours that would be necessary for the proposed actions 
to be accomplished on an airplane ranges from a minimum of 18 work 
hours (2 panels at 9 work hours each) to a maximum of 126 work hours 
(14 panels at 9 work hours each). Similarly, the commenter states that 
the estimated cost of parts ranges from $1,366 to $9,575, depending on 
the number of ceiling panels that need to be modified.
    The FAA concurs with the commenter's request to reduce the 
estimated number of work hours. Though the commenter does not make a 
specific request with regard to the range of minimum-to-maximum work 
hours and parts costs, the FAA infers that the commenter wants the cost 
impact section of the proposal to be revised to reflect the range of 
costs rather than the maximum cost only. The FAA concurs with this 
request, and the ``Cost Impact'' section of this final rule has been 
revised accordingly.

Request To Increase Compliance Time

    One commenter requests that the proposed compliance time for 
accomplishment of the installation of strap assemblies be increased 
from 24 to 36 months to minimize impact on its operations.
    The FAA does not concur with the commenter's request. In developing 
an appropriate compliance time for this action, the FAA considered the 
safety implications and normal operator maintenance schedules. The 24-
month compliance time was chosen to ensure that affected airplanes 
complete one required major maintenance period (``C'' check) during the 
proposed compliance time. The FAA finds that the 24-month compliance 
time represents an appropriate interval of time allowable wherein the 
installation can be accomplished during scheduled maintenance intervals 
for the majority of affected operators, and an acceptable level of 
safety can be maintained. No change to the final rule is necessary in 
this regard.

Request To Decrease Compliance Time

    One commenter recommends that the proposed compliance time for 
accomplishment of the installation of strap assemblies be reduced from 
24 to 12 months. The commenter states that a compliance time of 12 
months would better ensure the safety of the traveling public. The 
commenter also suggests that a requirement to block seats in the ``drop 
zone'' would be another option to ensure passenger safety.
    The FAA does not concur with the commenter's request. As explained 
above, in establishing a compliance time for the proposed requirement, 
the FAA considered the safety implications and normal maintenance 
schedules for affected operators. The FAA finds that 24 months 
represents an appropriate interval of time allowable for the operators 
to continue to operate the affected airplanes, while not affecting the 
safety of the flight crew or passengers. The FAA also finds that 
reducing the compliance time from 24 to 12 months or requiring blockage 
of seats would add an additional burden on operators and require 
issuance of a supplemental NPRM and reopening of the public comment 
period. The FAA finds that, considering the safety implications 
associated with the identified unsafe condition, it would be 
inappropriate to delay the issuance of the rule in this way. No change 
to the final rule 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 described 
previously. 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 280 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 40 airplanes of U.S. registry 
will be affected by this AD.
    It will take approximately 9 work hours per ceiling panel, and 
between 18 and 126 work hours per airplane, to accomplish the required 
installation, at an average labor rate of $60 per work hour. Required 
parts will cost between $1,366 and $9,575 per airplane. Based on these 
figures, the cost impact of the installation required by this AD on 
U.S. operators is estimated to be between $2,446 and $17,135 per 
airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the

[[Page 47374]]

Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

99-18-07 Boeing: Amendment 39-11273. Docket 98-NM-222-AD.

    Applicability: Model 747-400 series airplanes, as listed in 
Boeing Alert Service Bulletin 747-25A3142, Revision 1, dated August 
6, 1998, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent ceiling panels from falling into the passenger area 
in the event of failure of certain latch assemblies on the ceiling 
panels, which could result in consequent injury to the crew and 
passengers, accomplish the following:
    (a) Within 24 months after the effective date of this AD, 
install strap assemblies on the ceiling panels and rails that 
support the video monitors, in accordance with Boeing Alert Service 
Bulletin 747-25A3142, dated October 16, 1997, or Revision 1, dated 
August 6, 1998.

Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office, FAA, Transport Airplane Directorate. Operators shall submit 
their requests through an appropriate FAA Principal Maintenance 
Inspector, who may add comments and then send it to the Manager, 
Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (d) The installation shall be done in accordance with Boeing 
Alert Service Bulletin 747-25A3142, dated October 16, 1997, or 
Boeing Service Bulletin 747-25A3142, Revision 1, dated August 6, 
1998. 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 Airplane 
Group, 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 Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on October 5, 1999.

    Issued in Renton, Washington, on August 23, 1999.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-22388 Filed 8-30-99; 8:45 am]
BILLING CODE 4910-13-U

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