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7692 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules
person at the Docket Management FAA’s Determination and Requirements because it addresses an unsafe condition
Facility office between 9 a.m. and 5 of the Proposed AD that is likely to exist or develop on
p.m., Monday through Friday, except We have evaluated all pertinent products identified in this rulemaking
Federal holidays. The Docket information and identified an unsafe action.
Management Facility office (telephone condition that is likely to exist or Regulatory Findings
(800) 647–5227) is located on the plaza develop on other airplanes of this same
level of the Nassif Building at the DOT We have determined that this
type design. Therefore, we are proposed AD would not have federalism
street address stated in the ADDRESSES proposing this AD, which would require
section. Comments will be available in implications under Executive Order
replacing hinge assemblies having part 13132. This proposed AD would not
the AD docket shortly after the DMS number 413T1017–() with new hinge
receives them. have a substantial direct effect on the
assemblies having part number States, on the relationship between the
Discussion 413T1002–() in the outboard overhead national Government and the States, or
stowage bins. The proposed AD would on the distribution of power and
We have received a report indicating require you to use the service responsibilities among the various
that operators have experienced information described previously to levels of government.
instances of hinge assemblies breaking perform these actions. For the reasons discussed above, I
on outboard overhead stowage bins on certify that the proposed regulation:
Boeing Model 767 series airplanes. It Costs of Compliance
1. Is not a ‘‘significant regulatory
has been determined that the hinge There are about 172 airplanes of the action’’ under Executive Order 12866;
assemblies do not meet strength affected design in the worldwide fleet. 2. Is not a ‘‘significant rule’’ under the
standards and could break or latch This proposed AD would affect about 75 DOT Regulatory Policies and Procedures
improperly. This condition, if not airplanes of U.S. registry. The proposed (44 FR 11034, February 26, 1979); and
corrected, could result in the outboard actions would take about 20 work hours 3. Will not have a significant
overhead stowage bins opening during (.33 work hours per stowage bins; there economic impact, positive or negative,
flight and releasing baggage, and are about 60 bins on an airplane) per on a substantial number of small entities
consequently cause passenger injury airplane, at an average labor rate of $65 under the criteria of the Regulatory
and blockage of the aisles during per work hour. Required parts would Flexibility Act.
emergency egress. cost about $154,560 per airplane ($2,576 We prepared a regulatory evaluation
per bin). Based on these figures, the of the estimated costs to comply with
Relevant Service Information
estimated cost of the proposed AD for this proposed AD. See the ADDRESSES
We have reviewed Boeing Special U.S. operators is $11,689,500, or section for a location to examine the
Attention Service Bulletin 767–25– $155,860 per airplane. regulatory evaluation.
0078, Revision 4, dated June 10, 2004. The cost impact figure discussed List of Subjects in 14 CFR Part 39
The service bulletin describes above is based on assumptions that no
procedures for replacing the hinge operator has yet accomplished any of Air transportation, Aircraft, Aviation
assemblies in the outboard overhead the actions required by this AD, and that safety, Safety.
stowage bins with new, stiffer four-bar no operator would accomplish those The Proposed Amendment
linkage hinge assemblies. The service actions in the future if this AD were not
Accordingly, under the authority
bulletin also describes procedures for adopted. However, we have been
delegated to me by the Administrator,
reworking hinge assemblies in the advised that the terminating
the FAA proposes to amend 14 CFR part
outboard overhead stowage bins that are modification has already been installed
39 as follows:
adjacent to curtain tracks. This service on some affected overhead stowage bins
bulletin supersedes Boeing Service on some airplanes. Therefore, the future PART 39—AIRWORTHINESS
Bulletin 767–25–47. Accomplishing the economic cost impact of this rule on DIRECTIVES
actions specified in the service U.S. operators is expected to be less
information is intended to adequately than the cost impact figure indicated 1. The authority citation for part 39
address the unsafe condition, except as above. continues to read as follows:
described in ‘‘Differences Between the Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701.
Proposed AD and the Service Bulletin.’’
Title 49 of the United States Code § 39.13 [Amended]
Differences Between the Proposed AD specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding
and the Service Bulletin rules on aviation safety. Subtitle I, the following new airworthiness
Section 106, describes the authority of directive (AD):
Although the service bulletin
recommends accomplishing the hinge the FAA Administrator. Subtitle VII, Boeing: Docket No. FAA–2005–20357;
assembly replacements ‘‘as soon as Aviation Programs, describes in more Directorate Identifier 2004–NM–120–AD.
manpower and facilities are available,’’ detail the scope of the Agency’s Comments Due Date
the manufacturer has recommended a authority.
We are issuing this rulemaking under (a) The Federal Aviation Administration
compliance time of 72 months. (FAA) must receive comments on this AD
the authority described in Subtitle VII, action by April 1, 2005.
Although the service bulletin Part A, Subpart III, Section 44701,
specifies that operators may contact the ‘‘General requirements.’’ Under that Affected ADs
manufacturer for disposition of certain section, Congress charges the FAA with (b) None.
repair conditions, this proposed AD promoting safe flight of civil aircraft in
would require operators to repair those Applicability
air commerce by prescribing regulations
conditions according to a method (c) This AD applies to Boeing Model 767–
for practices, methods, and procedures 200 and –300 series airplanes, certificated in
approved by the FAA. the Administrator finds necessary for any category; as listed in Boeing Special
These differences have been safety in air commerce. This regulation Attention Service Bulletin 767–25–0078,
coordinated with the manufacturer. is within the scope of that authority Revision 4, June 10, 2004.
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Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules 7693
(h) Boeing Special Attention Service DEPARTMENT OF TRANSPORTATION reduce the capability of the airplane to
Bulletin 767–25–0078, Revision 2, dated sustain flight loads.
March 16, 1989, allows for replacement of Federal Aviation Administration DATES: We must receive comments on
the hinge assemblies on an attrition basis this proposed AD by April 1, 2005.
(replacing the existing hinge assembly when 14 CFR Part 39 ADDRESSES: Use one of the following
it is broken or worn beyond functionality
[Docket No. FAA–2005–20356; Directorate addresses to submit comments on this
with a new hinge assembly). For this reason, Identifier 2004–NM–115–AD] proposed AD.
airplanes that have been modified in • DOT Docket Web site: Go to
accordance with Boeing Special Attention RIN 2120–AA64
http://dms.dot.gov and follow the
Service Bulletin 767–25–0078, Revision 2, instructions for sending your comments
dated March 16, 1989, may still have some Airworthiness Directives; Boeing
Model 737–100, –200, –200C, –300, electronically.
hinge assemblies that have not been replaced • Government-wide rulemaking Web
or reworked per the service bulletin. In such –400, and –500 Series Airplanes
site: Go to http://www.regulations.gov
cases, this AD requires that all applicable AGENCY: Federal Aviation and follow the instructions for sending
hinge assemblies be replaced and reworked Administration (FAA), Department of your comments electronically.
within the compliance time specified in Transportation (DOT). • Mail: Docket Management Facility,
paragraph (f). U.S. Department of Transportation, 400
ACTION: Notice of proposed rulemaking
Parts Installation (NPRM). Seventh Street SW., Nassif Building,
room PL–401, Washington, DC 20590.
(i) As of the effective date of this AD, no SUMMARY: The FAA proposes to adopt a • By fax: (202) 493–2251.
one may install a hinge assembly in the new airworthiness directive (AD) for all • Hand Delivery: Room PL–401 on
outboard overhead stowage bins, having part Boeing Model 737–100, –200, –200C, the plaza level of the Nassif Building,
number 413T1017–() on any airplane to –300, –400, and –500 series airplanes. 400 Seventh Street SW., Washington,
which this AD applies. This proposed AD would require DC, between 9 a.m. and 5 p.m., Monday
Alternative Methods of Compliance repetitive inspections of the stiffeners at through Friday, except Federal holidays.
(AMOCs) left buttock line (LBL) and right buttock For service information identified in
(j) The Manager, Seattle Aircraft line (RBL) 6.15 for cracks; and this proposed AD, contact Boeing
Certification Office (ACO), FAA, has the replacement of both stiffeners with new, Commercial Airplanes, P.O. Box 3707,
authority to approve AMOCs for this AD, if improved stiffeners if any stiffener is Seattle, Washington 98124–2207.
requested in accordance with the procedures found cracked. This proposed AD You can examine the contents of this
found in 14 CFR 39.19. would also allow replacement of both AD docket on the Internet at http://
stiffeners at LBL and RBL 6.15 with dms.dot.gov, or at the Docket
Issued in Renton, Washington, on February new, improved stiffeners, which Management Facility, U.S. Department
6, 2005. terminates the repetitive inspections. of Transportation, 400 Seventh Street
Ali Bahrami, This proposed AD is prompted by SW., room PL–401, on the plaza level of
Manager, Transport Airplane Directorate, reports of cracks in the stiffeners at LBL the Nassif Building, Washington, DC.
Aircraft Certification Service. and RBL 6.15 on the rear spar of the This docket number is FAA–2005–
[FR Doc. 05–2833 Filed 2–14–05; 8:45 am] wing center section. We are proposing 20356; the directorate identifier for this
BILLING CODE 4910–13–P this AD to detect and correct cracks in docket is 2004–NM–115–AD.
the stiffeners at LBL and RBL 6.15, FOR FURTHER INFORMATION CONTACT:
which could result in damage to the Nancy Marsh, Aerospace Engineer,
keel beam structure and consequently Airframe Branch, ANM–120S, FAA,
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