[Federal Register Volume 63, Number 180 (Thursday, September 17, 1998)]
[Rules and Regulations]
[Pages 49657-49659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24868]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-232-AD; Amendment 39-10765; AD 98-19-24]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 757-200 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Boeing Model 757-200 series airplanes, that
requires modification of certain passenger doors.
[[Page 49658]]
This amendment is prompted by reports that certain passenger doors
could not be opened due to the escape slide shelf assembly and escape
slide falling onto the girt bar lifting mechanism of the door. The
actions specified by this AD are intended to prevent the escape slide
shelf assembly and escape slide from falling on the girt bar of a
passenger door due to failed rivets of the escape slide shelf assembly,
and consequent inability to open the passenger door and to use the
escape slide at that door during an emergency evacuation of the
airplane.
DATES: Effective October 22, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 22, 1998.
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,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington; telephone (425) 227-2780;
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 certain Boeing Model 757-200
series airplanes was published in the Federal Register on November 13,
1997 (62 FR 60807). That action proposed to require modification of
certain passenger doors.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Four commenters support the proposed rule.
Request To Extend Compliance Time
Several commenters request an extension to the proposed compliance
time; two of the commenters suggest that the compliance time be
extended to 24 months. One commenter notes that it has a large fleet of
affected airplanes and states that, as the manufacturer did not
recommend any compliance time, a longer compliance time would not
compromise safety. Another commenter states that its equivalent ``C''
check interval is 24 months, and requests that the compliance time be
extended accordingly. This commenter's own investigation confirms that
this problem has never been found on any of its affected airplanes. Yet
another commenter expresses concern that the proposed 18-month
compliance time would not allow sufficient time for procurement of
parts from its supplier.
The FAA does not concur with these requests to extend the
compliance time. In developing an appropriate compliance time for this
AD, the FAA considered not only the safety implications, but the
manufacturer's recommendations, the availability of required parts, and
the practical aspect of accomplishing the modification within an
interval of time that parallels normal scheduled maintenance for
affected operators. The FAA also considered the fact that Boeing
Service Bulletin 757-25-0175, Revision 1, dated March 6, 1997 (which is
referenced in the proposed AD as one of the appropriate sources of
service information for accomplishment of the required actions), has
been available to all operators of Boeing Model 757 series airplanes
since March 1997. Therefore, the FAA considers that affected operators
have had ample time to consider initiating those actions which this AD
will require. However, under the provisions of paragraph (c) of the
final rule, the FAA may consider requests for adjustments to the
compliance time if data are submitted to substantiate that such an
adjustment would provide an acceptable level of safety.
Request To Shorten Compliance Time
One commenter requests that the compliance time be shortened to six
months. This commenter states that, since the proposed modification
appears to be simple and would not require any complex parts, the 18-
month compliance time seems to be excessive.
The FAA does not concur with the commenter's request to reduce the
compliance time. After consideration of all the available information,
the FAA cannot conclude that a reduction of the proposed compliance
time is warranted. As stated previously, in developing an appropriate
compliance time, the FAA considered the safety implications, parts
availability, and normal maintenance schedules for timely
accomplishment of the modifications. To reduce the compliance time of
the proposal would necessitate (under the provisions of the
Administrative Procedure Act) reissuing the notice, reopening the
period for public comment, considering additional comments received,
and eventually issuing a final rule; the time required for that
procedure could take several months. In light of this, and in
consideration of the amount of time that has already elapsed since
issuance of the original notice, the FAA has determined that further
delay of this final rule action is not appropriate. However, if
additional data are presented that would justify a shorter compliance
time, the FAA may consider further rulemaking on this issue.
Request for Additional Inspections or Tests
One commenter requests that the proposed rule be changed to add a
rigorous rigging inspection or, even more desirable, an operational
test of the escape slide following completion of the modification. This
commenter notes that there have been numerous cases where a repair
action to an emergency evacuation device has resulted in a mis-rigging
of the device.
The FAA does not concur. The FAA has determined, based on review of
the relevant service information, that the instructions in Boeing
Service Bulletin 757-25-0175 are clear and easily followed, thus
minimizing any chance of mis-rigging. In addition, making this
requested change would necessitate (under the provisions of the
Administrative Procedure Act) reissuing the notice, reopening the
period for public comment, considering additional comments received,
and eventually issuing the final rule. As stated above, any further
delay in issuing this final rule would be inappropriate.
Request To Revise Number of Affected Airplanes
One commenter, the manufacturer, states that there are only 614
airplanes in the worldwide fleet that would be affected by this rule,
instead of the 673 airplanes that were originally estimated. The
commenter notes that Model 757-200 freighters should not have been
counted in the estimate, as those airplanes do not have number 1, 2, or
4 passenger doors. The FAA concurs, and has revised the worldwide fleet
number of affected airplanes in the cost impact information, below.
Request to Reference Revision to Service Bulletin
The manufacturer states that it is releasing a new revision to the
referenced service bulletin. The FAA has reviewed and approved Boeing
Service Bulletin 757-25-0175, Revision 2, dated January 29, 1998. This
revision to the service bulletin eliminates a
[[Page 49659]]
condition that might result in a passenger door becoming inoperable.
Accordingly, the FAA has revised this final rule to reference Revision
2 of the service bulletin as an appropriate source of service
information.
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 614 Boeing Model 757-200 series airplanes
of the affected design in the worldwide fleet. The FAA estimates that
381 airplanes of U.S. registry will be affected by this AD, that it
will take approximately 6 work hours per airplane to accomplish the
required actions, and that the average labor rate is $60 per work hour.
Required parts will cost approximately $234 per airplane. Based on
these figures, the cost impact of the AD on U.S. operators is estimated
to be $226,314, or $594 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 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
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:
98-19-24 Boeing: Amendment 39-10765. Docket 96-NM-232-AD.
Applicability: Model 757-200 series airplanes, as listed in
Boeing Service Bulletin 757-25-0175, Revision 1, dated March 6,
1997, 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 inability to open the Number 1, 2, or 4 passenger
door and to use the escape slide at that door during an emergency
evacuation of the airplane, accomplish the following:
(a) Within 18 months after the effective date of this AD, modify
the escape slide shelf assemblies of the Numbers 1, 2, and 4
passenger doors in accordance with Boeing
Service Bulletin 757-25-0175, dated May 30, 1996; Boeing Service
Bulletin 757-25-0175, Revision 1, dated March 6, 1997; or Boeing
Service Bulletin 757-25-0175, Revision 2, dated January 29, 1998.
(b) As of the effective date of this AD, no person shall install
an escape slide shelf assembly having part number 416N2400-6 or
416N2400-7 on any airplane.
(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 Aircraft Certification
Office (ACO), 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, 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.
(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.
(e) The actions shall be done in accordance with Boeing Service
Bulletin 757-25-0175, dated May 30, 1996; Boeing Service Bulletin
757-25-0175, Revision 1, dated March 6, 1997; or Boeing Service
Bulletin 757-25-0175, Revision 2, dated January 29, 1998. 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.
(f) This amendment becomes effective on October 22, 1998.
Issued in Renton, Washington, on September 10, 1998.
Dorenda D. Baker,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-24868 Filed 9-16-98; 8:45 am]
BILLING CODE 4910-13-U
