AD 2004-22-01

[Federal Register Volume 69, Number 207 (Wednesday, October 27, 2004)]
[Rules and Regulations]
[Pages 62566-62567]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 04-24031]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-91-AD; Amendment 39-13829; AD 2004-22-01]
RIN 2120-AA64


Airworthiness Directives; Various Transport Category Airplanes on 
Which Cargo Restraint Strap Assemblies Have Been Installed per 
Supplemental Type Certificate (STC) ST01004NY

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to various transport category airplanes on which cargo 
restraint strap assemblies have been installed per STC ST01004NY. This 
amendment requires revising the airplane flight manual to include a 
procedure for discontinuing the use of certain cargo restraint strap 
assemblies installed per STC ST01004NY, if used as the only cargo 
restraint. This amendment also requires revising the airplane weight 
and balance manual to include the same procedure described previously. 
The actions specified by this AD are intended to prevent shifting or 
unrestrained cargo in the cargo compartment, which could cause an 
unexpected change in the airplane's center of gravity, damage to the 
airplane structure and/or flight control system, a hazard to the 
flightcrew, and/or possible loss of controllability of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Effective December 1, 2004.

ADDRESSES: Information pertaining to this AD may be examined at the 
Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Jon Hjelm, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stuart Ave., suite 410, Westbury, New York 
11590; telephone (516) 228-7323; fax (516) 794-5531.

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 various transport category 
airplanes on which cargo restraint strap assemblies have been installed 
per STC ST01004NY was published as a supplemental notice of proposed 
rulemaking (NPRM) in the Federal Register on August 4, 2004 (69 FR 
47028). That action proposed to require revising the airplane flight 
manual (AFM) to include a procedure for discontinuing the use of 
certain cargo restraint strap assemblies installed per STC ST01004NY, 
if used as the only cargo restraint. That action also proposed to add a 
requirement to revise the airplane weight and balance manual (WBM) to 
include the same procedure described previously.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    There are approximately 1,150 transport category airplanes of the 
affected design in the worldwide fleet. We estimate that 735 airplanes 
of U.S. registry will be affected by this AD.
    It will take approximately 1 work hour per airplane to accomplish 
the AFM revision, at an average labor rate of $65 per work hour. Based 
on these figures, the cost impact of the AFM revision on U.S. operators 
is estimated to be $47,775, or $65 per airplane.
    It will take approximately 1 work hour per airplane to accomplish 
the WBM revision, at an average labor rate of $65 per work hour. Based 
on these figures, the cost impact of the WBM revision on U.S. operators 
is estimated to be $47,775, or $65 per airplane.
    The cost impact figures discussed above are 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. 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, 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:

2004-22-01 Transport Category Airplanes: Amendment 39-13829. Docket 
2002-NM-91-AD.

    Applicability: The following transport category airplanes, 
certificated in any category, on which cargo restraint strap 
assemblies part number (P/N) 1519-MCIDS have been installed per 
Supplemental Type Certificate (STC) ST01004NY:

[[Page 62567]]



                 Table 1.--Manufacturers/Airplane Models
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         Manufacturer                        Airplane model
------------------------------------------------------------------------
Aerospatiale.................  ATR42 and ATR72 series airplanes.
Airbus.......................  A300 B2 and A300 B4 series airplanes;
                                A300 B4-600, A300 B4-600R, and A300 F4-
                                600R (collectively called A300-600)
                                series airplanes; A310, A320, A321,
                                A330, and A340 series airplanes.
Boeing.......................  707-100, 707-200, 707-100B, and 707-100B
                                series airplanes; 727, 737, 747, 757,
                                and 767 series airplanes.
British Aerospace............  BAe 146 series airplanes and Avro 146-RJ
                                series airplanes.
Fokker.......................  F27 and F.28 series airplanes.
Lockheed.....................  188A and 188C airplanes, and L-1011
                                series airplanes.
Maryland Air Industries, Inc.  F-27 series airplanes and FH-227 series
                                airplanes.
McDonnell Douglas............  DC-7, DC-7B, and DC-7C airplanes; DC-8-
                                11, DC-8-12, DC-8-21, DC-8-31, DC-8-32,
                                DC-8-33, DC-8-41, DC-8-42, and DC-8-43
                                airplanes; DC-8-51, DC-8-52, DC-8-53,
                                and DC-8-55 airplanes; DC-8F-54 and DC-
                                8F-55 airplanes; DC-8-61, DC-8-62, and
                                DC-8-63 airplanes; DC-8-61F, DC-8-62F,
                                and DC-8-63F airplanes; DC-8-71, DC-8-
                                72, and DC-8-73 airplanes; DC-8-71F, DC-
                                8-72F, and DC-8-73F airplanes; DC-9-11,
                                DC-9-12, DC-9-13, DC-9-14, DC-9-15, and
                                DC-9-15F airplanes; DC-9-21 airplanes;
                                DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-
                                32F, DC-9-33F, DC-9-34, DC-9-34F, DC-9-
                                41, DC-9-51, DC-9-81 (MD-81), DC-9-82
                                (MD-82), DC-9-83 (MD-83), and DC-9-87
                                (MD-87) airplanes; MD-88 airplanes; MD-
                                90-30 airplanes; 717-200 airplanes; DC-
                                10-10 and DC-10-10F airplanes; DC-10-15
                                airplanes; DC-10-30 and DC-10-30F (KDC-
                                10) airplanes; DC-10-40 and DC-10-40F
                                airplanes; MD-10-10F and MD-10-30F
                                airplanes; and MD-11 and MD-11F
                                airplanes.
------------------------------------------------------------------------

    Compliance: Required as indicated, unless accomplished 
previously. To prevent shifting or unrestrained cargo in the cargo 
compartment, which could cause an unexpected change in the 
airplane's center of gravity, damage to the airplane structure and/
or flight control system, a hazard to the flightcrew, and/or 
possible loss of controllability of the airplane, accomplish the 
following:

Revisions to Airplane Flight Manual (AFM) and Weight and Balance Manual 
(WBM)

    (a) Within 14 days after the effective date of this AD, revise 
the Limitations Section of the applicable AFM, and the cargo-loading 
procedures in the applicable WBM, to include the following 
information (this may be accomplished by inserting a copy of this AD 
into the AFM and the WBM):

``Discontinue the use of Supplemental Type Certificate (STC) 
ST01004NY to install Airline Container Manufacturing Company, Inc., 
cargo restraint straps, part number 1519-MCIDS, as the only means of 
securing cargo to Technical Standard Order (TSO) C90c/NAS3610 
pallets. Such cargo restraint straps may continue to be used as 
supplemental restraints to secure cargo to TSO C90c/NAS3610 pallets, 
or to the cargo restraint fittings in the airplane floor, per the 
airplane manufacturer's weight and balance manuals, and within the 
strap rated load (5,000 lbs.).''

    Note 1: If the statement in paragraph (a) of this AD has been 
incorporated into the general revisions of the AFM and the WBM, the 
general revisions may be incorporated into the AFM and the WBM, and 
the copy of this AD may then be removed from the AFM and the WBM.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, New York 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance for this AD.

Effective Date

    (c) This amendment becomes effective on December 1, 2004.

    Issued in Renton, Washington, on October 18, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24031 Filed 10-26-04; 8:45 am]
BILLING CODE 4910-13-P