[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Rules and Regulations]
[Pages 56420-56422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27272]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-338-AD; Amendment 39-11380; AD 99-22-02]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 757-200PF 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 all Boeing Model 757-200PF series airplanes, that
requires revising the Airplane Weight & Balance (W&B) Manual to
prohibit operation of any airplane without side vertical restraints
installed on the main cargo deck when carrying a particular pallet.
This amendment also provides for optional terminating action for the
Airplane W&B Manual revision. This amendment is prompted by reports
indicating that some airplanes have been operated without side vertical
restraints installed on the main cargo deck when carrying certain
pallets. The actions specified by this AD are intended to prevent
inadvertent movement of a cargo pallet during flight, which could
result in an adverse center of gravity condition and consequent reduced
controllability of the airplane.
EFFECTIVE DATE: November 24, 1999.
ADDRESSES: Information pertaining to this amendment may be examined at
the Federal Aviation Administration (FAA), Transport Airplane
Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: James G. Rehrl, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (425) 227-2783; 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 all Boeing Model 757-200PF series
airplanes was published in the Federal Register on February 10, 1999
(64 FR 6577). That action proposed to require revising the Airplane
Weight & Balance (W&B) Manual to prohibit operation of any airplane
without side vertical restraints installed on the main cargo deck when
[[Page 56421]]
carrying a particular pallet. That action also proposed to provide for
optional terminating action for the Airplane W&B Manual revision.
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.
Support for the Proposal
One commenter supports the proposed rule, and another states that
it has no comment.
Request for Extension of the Compliance Time
One commenter requests that the compliance time for the actions
required by this proposed AD be extended to at least 28 months after
the airplane manufacturer provides a service bulletin to modify the
airplanes to install side vertical restraints. The commenter states
that, in 12 years of operating with Type II cargo pallets, it has never
had an adverse incident. The commenter states that this proposed AD
would have an enormous effect on its fleet because it will have to use
Type I cargo pallets. The commenter states that Type I cargo pallets
are not readily available and, because other operators with which the
commenter interacts do not use Type I cargo pallets, it will be
difficult to use the services of Model 757-200PF series airplanes.
The FAA concurs that the compliance time can be extended somewhat.
The FAA does not intend for this AD to place undue hardship on the
affected operators. Based on the information provided by the commenter,
the FAA now recognizes that a compliance time of 28 months would better
allow operators to purchase Type I cargo pallets or make the necessary
modifications to airplanes to resume use of Type II cargo pallets. In
addition, a compliance time of 28 months is identical to the compliance
times for similar actions to correct similar identified unsafe
conditions on other transport category cargo airplanes. Paragraph (a)
of the final rule has been revised accordingly.
Request for Use of Modified Type II Cargo Pallets
One commenter requests that the proposed AD be revised to allow the
use of modified Type II cargo pallets that meet the NAS3610
requirements. The commenter states that the problem with the Type II
cargo pallets is that they are too flexible, but that the pallets could
be manufactured with acceptable rigidity characteristics.
The FAA does not concur with the commenter's request. While the FAA
accepts in principle that the Type II cargo pallets could be
manufactured with acceptable rigidity characteristics, the commenter
has not submitted any data or configuration definition that would allow
their use. However, the commenter may request approval for an
alternative method of compliance in accordance with the provisions of
paragraph (c) of this AD. The request should include sufficient
information for the FAA to evaluate the proposal. No change to the rule
is necessary.
Request for Use of a Tether Assembly
One commenter requests that the proposed AD be revised to allow the
use of a tether assembly. The commenter states that a tether assembly
is a device that restricts the shifting of Type II cargo pallets such
that the cargo shift will not affect the airplane's center of gravity.
The commenter states that such an assembly appears to be an economical
method to allow continued operation of the Model 757-200PF series
airplane with Type II cargo pallets. However, another commenter states
that it has evaluated such a system and concludes that, if used
improperly, it could result in considerable damage to aircraft
structure and cargo handling system components.
The FAA does not concur with the first commenter's request to allow
the use of a tether assembly. While the FAA accepts in principle that a
tether assembly should adequately address the identified unsafe
condition, the FAA has concluded that it would be prudent to defer a
decision until further information becomes available. The 28-month
compliance time should allow sufficient time to resolve the issues
raised by the second commenter prior to implementation of the W&B
Manual revision. Assuming satisfactory resolution, the first commenter
may request approval for an alternative method of compliance in
accordance with the provisions of paragraph (c) of this AD. No change
to the rule is necessary.
Explanation of Changes Made to Proposal
The FAA has revised paragraph (c) of the final rule to include
instructions to submit requests of approval for an alternative method
of compliance through an appropriate Principal Maintenance Inspector.
The proposed rule only contained instructions to submit requests
through an appropriate Principal Operations Inspector. Operators should
submit requests for approval for an alternative method of compliance
for paragraph (a) of this AD through their Principal Operations
Inspector, whereas requests for approval for an alternative method of
compliance for paragraph (b) of this AD should be submitted through
their Principal Maintenance Inspector.
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 100 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 90 airplanes of U.S. registry
will be affected by this AD, that it will take approximately 1 work
hour per airplane to accomplish the required Airplane W&B Manual
revision, and that the average labor rate is $60 per work hour. Based
on these figures, the cost impact of the AD on U.S. operators is
estimated to be $5,400, or $60 per airplane.
The cost impact figure discussed above is 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.
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
[[Page 56422]]
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, 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:
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:
99-22-02 Boeing: Amendment 39-11380. Docket 98-NM-338-AD.
Applicability: All Model 757-200PF series airplanes,
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 (c) 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 inadvertent movement of a cargo pallet during flight,
which could result in an adverse center of gravity condition and
consequent reduced controllability of the airplane, accomplish the
following:
Manual Revision
(a) Within 28 months after the effective date of this AD: Revise
the Limitations Section of the FAA-approved Airplane Weight &
Balance (W&B) Manual to include the following statement. This action
may be accomplished by inserting a copy of this AD into the W&B
Manual.
``Operation of any airplane without side vertical restraints
installed on the main cargo deck when carrying any Type II cargo
pallet is prohibited.''
Optional Corrective Action
(b) Installation of side vertical restraints in accordance with
a method approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate, constitutes
terminating action for the requirements of paragraph (a) of this AD.
Alternative Methods of Compliance
(c) 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 ACO. Operators shall submit
their requests through an appropriate FAA Principal Operations
Inspector or Principal Maintenance Inspector, as applicable, 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
(d) Special flight permits may be issued in accordance with
Secs. 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.
(e) This amendment becomes effective on November 24, 1999.
Issued in Renton, Washington, on October 13, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-27272 Filed 10-19-99; 8:45 am]
BILLING CODE 4910-13-P