[Federal Register: August 19, 1999 (Volume 64, Number 160)]
[Proposed Rules]               
[Page 45211]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au99-22]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-206-AD]
RIN 2120-AA64

 
Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) 
that proposed a new airworthiness directive (AD), applicable to certain 
Boeing Model 767 series airplanes. That action would have required 
replacement of the existing retaining bolt of the attendant seat lap 
belt with a new bolt and a washer. Since the issuance of the NPRM, the 
Federal Aviation Administration (FAA) has received new data indicating 
that the proposed action has already been accomplished on all affected 
airplanes. Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Meghan Gordon, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2207; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to add a new airworthiness 
directive (AD), applicable to certain Boeing Model 767 series 
airplanes, was published in the Federal Register as a Notice of 
Proposed Rulemaking (NPRM) on June 6, 1997 (62 FR 31020). The proposed 
rule would have required replacement of the existing retaining bolt of 
the attendant seat lap belt with a new bolt and a washer. That action 
was prompted by reports indicating that, due to a missing washer, the 
belt end fittings of the double flight attendant seats can become 
loose. The proposed actions were intended to ensure that a washer 
between the bolt head and bushing is installed. A missing washer could 
allow movement of the belt end fittings, which can cause the restraint 
belts to release and, consequently, result in injury to the flight 
attendants.

Actions Since Issuance of the NPRM

    Since the issuance of that NPRM, the FAA has received a comment 
from the airplane manufacturer indicating that the replacement of the 
existing retaining bolt of the attendant seat lap belt with a new bolt 
and a washer, in accordance with Boeing Service Bulletin 767-25-0217, 
dated January 13, 1994, has been accomplished on all affected 
airplanes. Though the manufacturer did not provide documentation to 
support its statement, the FAA also has received substantiating 
documentation from each affected operator that the service bulletin has 
been incorporated on its fleet of airplanes. In the case of one 
operator, the FAA contacted the Principal Maintenance Inspector (PMI) 
to determine whether the replacement had been accomplished on that 
operator's affected airplanes. The PMI verified that the service 
bulletin had been accomplished on all affected airplanes in that 
operator's fleet.
    In addition, the airplane manufacturer has also updated the 
Illustrated Parts Catalog to include the washer that corrects the 
unsafe condition in the seat assembly; therefore, the unsafe condition 
is not likely to be reintroduced in the future.

FAA's Conclusions

    Based upon the FAA's review of the data submitted by the affected 
operators and the airplane manufacturer, the FAA has determined that 
the previously identified unsafe condition no longer exists. 
Accordingly, the proposed rule is hereby withdrawn.
    Withdrawal of this notice of proposed rulemaking constitutes only 
such action, and does not preclude the agency from issuing another 
notice in the future, nor does it commit the agency to any course of 
action in the future.

Regulatory Impact

    Since this action only withdraws a notice of proposed rulemaking, 
it is neither a proposed nor a final rule and therefore, is not covered 
under Executive Order 12866, the Regulatory Flexibility Act, or DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, the notice of proposed rulemaking, Docket 96-NM-206-
AD, published in the Federal Register on June 6, 1997 (62 FR 31020), is 
withdrawn.

    Issued in Renton, Washington, on August 13, 1999.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-21574 Filed 8-18-99; 8:45 am]
BILLING CODE 4910-13-U