[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Proposed Rules]
[Pages 5783-5785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2478]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-151-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Boeing Model 767-200 and -300 
series airplanes. This proposal would require inspection of the 
actuators for the off-wing slide compartment door on the right and left 
sides of the airplane to determine the actuator cartridge serial 
number, and corrective actions, if necessary. This action is necessary 
to prevent the actuators for the off-wing slide compartment door from 
not firing, which could cause the door to open improperly and prevent 
the deployment of the off-wing escape slide, leading to the loss of an 
evacuation route. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by March 22, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-151-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#31081c505f5c1c5f41435c525e5c5c545f45715750501f565e47"><span class="__cf_email__" data-cfemail="95acb8f4fbf8b8fbe5e7f8f6faf8f8f0fbe1d5f3f4f4bbf2fae3">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-151-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207; and Universal Propulsion Company, Inc. (formerly 
OEA Inc.), P.O. Box KK, Highway 12, Explosive Technology Rd., 
Fairfield, California 94533-0659. This information may be examined at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Susan Rosanske, Cabin Safety and 
Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6448; fax (425) 917-6590.

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    <bullet<ls-thn-eq> Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.

[[Page 5784]]

    <bullet<ls-thn-eq> For each issue, state what specific change to 
the proposed AD is being requested.
    <bullet<ls-thn-eq> Include justification (e.g., reasons or data) 
for each request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-151-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-114, Attention: Rules 
Docket No. 2002-NM-151-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that an actuator for the 
off-wing slide compartment door did not fire during an off-wing escape 
slide test of a Boeing Model 767 series airplane. The actuator for the 
off-wing slide compartment door did not fire because of a manufacturing 
defect. This condition, if not corrected, could cause the door to open 
improperly and prevent the deployment of the off-wing escape slide, 
leading to the loss of an evacuation route.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Special Attention Service 
Bulletin 767-25-0299, dated January 18, 2001, which describes 
procedures for performing an inspection of the actuators for the off-
wing slide compartment door to determine the actuator cartridge serial 
number, and corrective actions, if necessary. The corrective actions 
include removing the actuators for the off-wing slide compartment door; 
performing an inspection of the actuator cartridge for the presence of 
a clearance hole, replacing the actuator cartridge with a new actuator 
cartridge or a serviceable actuator cartridge from a recharge kit; and 
installing the actuators of the off-wing slide compartment door. 
Accomplishment of the actions specified in the Boeing service bulletin 
is intended to adequately address the identified unsafe condition.
    Boeing Special Attention Service Bulletin 767-25-0299, dated 
January 18, 2001 references OEA Aersospace, Inc. Service Bulletin 5262 
(02) SB (NC), dated October 2, 2000, as an additional source of service 
information for the inspection of the actuator cartridge, and 
corrective actions, if necessary.

Explanation of Requirements of Proposed Rule

    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 require accomplishment of the actions specified in 
the Boeing service bulletin described previously, except as discussed 
below.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that, although the Boeing service bulletin 
recommends accomplishing the actions ``at the earliest time when parts 
and labor are available,'' the FAA has determined that ``the earliest 
time when parts and labor are available'' would not address the 
identified unsafe condition in a timely manner. In developing an 
appropriate compliance time for this AD, the FAA considered not only 
the manufacturer's recommendation, but the degree of urgency associated 
with addressing the subject unsafe condition, the average utilization 
of the affected fleet, and the time necessary to perform the inspection 
(six hours). In light of all of these factors, the FAA finds a 
compliance time of within two years after the effective date of this AD 
for completing the required actions to be warranted, in that it 
represents an appropriate interval of time allowable for affected 
airplanes to continue to operate without compromising safety.
    Operators should also note that, although the Boeing service 
bulletin lists the effectivity as Model 767-200 and -300 series 
airplanes, line numbers 725 through 815 inclusive, the FAA has 
determined the applicability should be all Model 767-200 and -300 
series airplanes. The increased number of affected airplanes is due to 
configuration control issues with the off-wing slide compartment door 
actuators. Since we cannot be sure the parts were limited to the 
airplanes listed in the service bulletin, we need to include all 
airplanes.

Cost Impact

    There are approximately 829 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 346 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
6 work hours per airplane to accomplish the proposed inspection, and 
that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $134,940, or $390 per airplane.
    The cost impact figure discussed above is 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 proposed 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    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

[[Page 5785]]

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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Boeing: Docket 2002-NM-151-AD.

    Applicability: All Model 767-200 and -300 series airplanes; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the actuators for the off-wing slide compartment door 
from not firing, which could cause the door to open improperly and 
prevent the deployment of the off-wing escape slide, leading to the 
loss of an evacuation route, accomplish the following:

Inspection and Corrective Action

    (a) Within two years after the effective date of this AD, do an 
inspection of the actuators for the off-wing slide compartment door 
on the right and left sides of the airplane to determine the 
actuator cartridge serial number, in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-25-0299, dated January 18, 2001.
    (b) If any actuator cartridge having serial numbers 5481 through 
5741 inclusive is found during the inspection required by paragraph 
(a) of this AD: Before further flight, perform the actions specified 
in paragraphs (b)(1) through (b)(3) of this AD in accordance with 
the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-25-0299, dated January 18, 2001.
    (1) Remove the actuator for the off-wing slide compartment door.
    (2) Perform an inspection of the actuator cartridge for the 
presence of a clearance hole and corrective actions if necessary 
(includes replacing the actuator cartridge with a new actuator 
cartridge or a serviceable actuator cartridge from a recharge kit).
    (3) Install the actuator for the off-wing slide compartment 
door.

    Note 1: Boeing Special Attention Service Bulletin 767-25-0299, 
dated January 18, 2001, references OEA Aersospace, Inc. Service 
Bulletin 5262 (02) SB (NC), dated October 2, 2000, as an additional 
source of service information for performing the inspection of the 
actuator cartridge and corrective actions.

Parts Installation

    (c) As of the effective date of this AD, no person shall install 
an actuator for the off-wing escape slide having OEA part number 
5262200 cartridge assembly with actuator cartridge serial numbers 
5481 through 5741 inclusive that do not have a clearance hole 
between the two firing pins, on any airplane.

Alternative Methods of Compliance

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

    Issued in Renton, Washington, on January 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2478 Filed 2-5-04; 8:45 am]
BILLING CODE 4910-13-P


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