[Federal Register Volume 68, Number 196 (Thursday, October 9, 2003)]
[Rules and Regulations]
[Pages 58271-58273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25490]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-48-AD; Amendment 39-13332; AD 2003-20-14]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 727-200 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 727-200 series airplanes, that
requires installation of four lanyards on the forward access panel/
door. This action is necessary to prevent the forward ceiling access
panel/door from falling down and blocking the aisle, which would impede
evacuation in an emergency. This action is intended to address the
identified unsafe condition.
DATES: Effective November 13, 2003.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 13, 2003.
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: 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 727-200
series airplanes was published in the Federal Register on April 16,
2003 (68 FR 18569). That action proposed to require installation of
four lanyards on the forward access panel/door.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received.
Request To Revise Applicability
The commenter, the manufacturer, requests that the applicability of
the proposed AD be revised to include only those airplanes that remain
in a passenger configuration and to exclude those certified to
permanently fly in a cargo configuration. The commenter also requests
that special consideration be given to airplanes that are presently
parked (out of service). The commenter states that, of the total number
of airplanes affected by the proposed AD and still in flying condition,
approximately 50 percent have been converted to a cargo configuration.
The commenter adds that there are 20 affected airplanes in active
service that
[[Page 58272]]
have retained the passenger configuration, which represents 22 percent
of the total affected fleet, and that the remaining flyable passenger
fleet is presently parked.
The FAA does not agree that the applicability of the AD should be
revised. Airplanes that have been modified to fly in a cargo
configuration may still be subject to the unsafe condition addressed by
this AD. Numerous supplemental type certificates (STC) exist, which,
depending on the configuration, may or may not have the forward ceiling
access panel/door installed. Airplanes in the cargo configuration,
which do have the forward ceiling access panel/door installed are still
subject to this AD. However, operators of airplanes in the cargo
configuration that do not have the forward ceiling panel/door installed
may request that the cargo modification be approved as an alternate
method of compliance, as explained in Note 1 of this AD pertaining to
altered products. No change to the final rule is necessary in this
regard.
We do not agree that special consideration is necessary for
airplanes that have been parked. Those airplanes need only comply with
the requirements of this AD before they return to service. No change to
the final rule is necessary in this regard.
Conclusion
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Changes to 14 CFR Part 39/Effect on the AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. However, for clarity and consistency in this final rule, we
have retained the language of the NPRM regarding that material.
Change To Labor Rate Estimate
We have reviewed the figures we have used over the past several
years to calculate AD costs to operators. To account for various
inflationary costs in the airline industry, we find it necessary to
increase the labor rate used in these calculations from $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
Cost Impact
There are approximately 100 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 78 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 actions, and that the
average labor rate is $65 per work hour. Based on these figures, the
cost impact of the AD on U.S. operators is estimated to be $5,070, or
$65 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. 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.
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:
2003-20-14 Boeing: Amendment 39-13332. Docket 2003-NM-48-AD.
Applicability: Model 727-200 series airplanes, certificated in any
category, as listed in Boeing Special Attention Service Bulletin 727-
25-0298, dated February 13, 2003.
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 the forward ceiling access panel/door from falling
down and blocking the aisle, which would impede evacuation in an
emergency, accomplish the following:
Lanyard Installation
(a) Within 18 months after the effective date of this AD,
install 4 lanyards on the forward ceiling access panel/door, in
accordance with Boeing Special Attention Service Bulletin 727-25-
0298, dated February 13, 2003.
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 (ACO), FAA. 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
[[Page 58273]]
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 actions shall be done in accordance with Boeing Special
Attention Service Bulletin 727-25-0298, dated February 13, 2003.
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.
Effective Date
(e) This amendment becomes effective on November 13, 2003.
Issued in Renton, Washington, on October 2, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-25490 Filed 10-8-03; 8:45 am]
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