[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Proposed Rules]
[Pages 16817-16818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8077]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-08-AD]
Airworthiness Directives; Boeing Model 767 Series Airplanes
Equipped With Over-Wing Escape Slides
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to certain Boeing Model 767
series airplanes equipped with over-wing escape slides, that currently
requires modification of the trailing edge panels and the aft flaps.
That AD was prompted by the results of functional tests of over-wing
escape slides, which revealed that some slides were damaged when they
were deployed across sharp corners on the trailing edge of the wing and
the large gaps between the trailing edge panels of the wing. This
action would expand the applicability of the existing AD to include
additional airplanes. The actions specified by the proposed AD are
intended to prevent damage to the over-wing escape slide, which could
hinder inflation of the slide to a usable configuration during an
emergency evacuation.
DATES: Comments must be received by May 15, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-08-AD, 1601 Lind Avenue SW., Renton,
Washington 98055-4056. Comments may be inspected at this location
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal
holidays.
The service information referenced in the proposed rule may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207.
This information may be examined at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Dorothy Lundy, Aerospace Engineer,
ANM-120S, Airframe Branch, FAA, Transport Airplane Directorate, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (206) 227-2769; fax (206) 227-1181.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-08-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 95-NM-08-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On December 13, 1993, the FAA issued AD 93-25-06, amendment 39-8772
(58 FR 69221, December 30, 1993), applicable to certain Boeing Model
767 series airplanes equipped with over-wing escape slides, to require
modification of the trailing edge panels and the aft flaps. That action
was prompted by the results of functional tests of over-wing escape
slides, which revealed that some slides were damaged when they were
deployed across sharp corners on the trailing edge of the wing and the
large gaps between the trailing edge panels of the wing. The actions
required by that AD are intended to prevent damage to the over-wing
escape slide, which could hinder inflation of the slide to a usable
configuration during an emergency evacuation.
Since the issuance of that AD, the FAA has received a report
indicating that modification of the trailing edge panels and the aft
flaps has not been accomplished in production on Model 767 series
airplanes, equipped with over-wing escape slides, line positions 477
through 542 inclusive. In light of this, these additional airplanes are
subject to the same unsafe condition addressed by AD 93-25-06.
The FAA has reviewed and approved Boeing Service Bulletin 767-57-
0043, Revision 3, dated February 2, 1995. The modification procedures
described in this revision are identical to those described in Revision
2 of the service bulletin (which was referenced in AD 93-25-06). This
revision only expands the effectivity listing to include additional
airplanes.
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would continue to require modification of the trailing edge
panels and the aft flaps. The applicability of the proposed rule would
be revised to include additional airplanes. The proposed actions would
be required to be accomplished in accordance with the service bulletin
described previously.
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may [[Page 16818]] misunderstand the legal effect of
AD's on airplanes that are identified in the applicability provision of
the AD, but that have been altered or repaired in the area addressed by
the AD. The FAA points out that all airplanes identified in the
applicability provision of an AD are legally subject to the AD. If an
airplane has been altered or repaired in the affected area in such a
way as to affect compliance with the AD, the owner or operator is
required to obtain FAA approval for an alternative method of compliance
with the AD, in accordance with the paragraph of each AD that provides
for such approvals. A note has been included in this notice to clarify
this long-standing requirement.
There are approximately 542 Model 767 series airplanes equipped
with over-wing escape slides of the affected design in the worldwide
fleet. The FAA estimates that 178 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 40 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Required parts would be
supplied by the manufacturer at no cost to the operators. Based on
these figures, the total cost impact of the proposed AD on U.S.
operators is estimated to be $427,200, or $2,400 per airplane.
However, approximately 166 U.S.-registered airplanes previously
were required by AD 93-25-06 to accomplish the subject modification.
This proposal would affect only 12 additional U.S.-registered
airplanes. Therefore, the cost to modify these 12 newly added airplanes
is estimated to be $28,800, or $2,400 per airplane.
The regulations proposed herein would 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 proposal would not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting 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.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-8772 (58 FR
69221, December 30, 1993), and by adding a new airworthiness directive
(AD), to read as follows:
Boeing: Docket 95-NM-08-AD. Supersedes AD 93-25-06, Amendment 39-
8772.
Applicability: Model 767 series airplanes, having line positions
1 through 542 inclusive, and equipped with over-wing escape slides;
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 use the authority
provided in paragraph (c) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition; or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent damage to the over-wing escape slide, which could
hinder inflation of the slide to a usable configuration during an
emergency evacuation, accomplish the following:
(a) For airplanes having serial number 1 through 476 inclusive:
Within 15 months after January 31, 1994 (the effective date of AD
93-25-06, amendment 39-8772), modify the trailing edge panels and
the aft flaps, in accordance with Boeing Service Bulletin 767-57-
0043, Revision 1, dated May 6, 1993; Revision 2, dated September 16,
1993; or Revision 3, dated February 2, 1995.
(b) For airplanes having serial numbers 477 through 542
inclusive: Within 15 months after the effective date of this AD,
modify the trailing edge panels and the aft flaps, in accordance
with Boeing Service Bulletin 767-57-0043, Revision 3, dated February
2, 1995.
(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, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(d) Special flight permits may be issued in accordance with
sections 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.
Issued in Renton, Washington, on March 27, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-8077 Filed 3-31-95; 8:45 am]
BILLING CODE 4910-13-U
