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[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Rules and Regulations]
[Pages 3579-3583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1125]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0219; Directorate Identifier 2010-NM-228-AD; 
Amendment 39-16921; AD 2012-01-09]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 757-200, -200CB, and -300 series airplanes 
with off-wing escape slide systems installed. This AD was prompted by 
reports of in-flight loss of the off-wing escape slide.

[[Page 3580]]

This AD requires modifying the door latch fittings and witness mark 
placards of the off-wing escape slide systems; and for certain 
airplanes, replacing the bearings and lockbase retainer in the door 
latch assembly, relocating and adjusting the sensor target and the 
sensor proximity switch, and testing to ensure positive door locking 
and corrective action if necessary. For certain airplanes, this AD 
would also require installing a bumper assembly and placards. We are 
issuing this AD to prevent the in-flight loss of the off-wing escape 
slide, which could result in the unavailability of the escape slide 
during an emergency evacuation. Additionally, the departed slide could 
cause damage to the fuselage, wing, flaps, or stabilizer, which could 
degrade flight control.

DATES: This AD is effective February 29, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of February 29, 
2012.

ADDRESSES: For service information identified in this AD, Boeing 
Commercial Airplanes, Attention: Data & Services Management, P.O. Box 
3707, MC 2H-65, Seattle, Washington 98124-2207; phone: (206) 544-5000, 
extension 1; fax: (206) 766-5680; email: me.boecom@boeing.com; 
Internet: https://www.myboeingfleet.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information 
on the availability of this material at the FAA, call (425) 227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: (800) 647-5527) is Document Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kimberly DeVoe, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, Seattle 
Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone: (425) 917-6495; fax: (425) 917-6590; 
email: Kimberly.Devoe@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 14, 2011 (76 
FR 13541). That NPRM proposed to require modifying the door latch 
fittings and witness mark placards of the off-wing escape slide 
systems; and for certain airplanes, replacing the bearings and lockbase 
retainer in the door latch assembly, relocating and adjusting the 
sensor target and the sensor proximity switch, and testing to ensure 
positive door locking and corrective action if necessary. For certain 
airplanes, that NPRM also proposed to require installing a bumper 
assembly and placards.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

Agreement With the Intent of the NPRM

    American Airlines (American) stated it agrees with the intent of 
the NPRM (76 FR 13541, March 14, 2011). Continental Airlines 
(Continental) stated that it has no objection to paragraphs (g) and (h) 
of the NPRM.

Requests To Update Service Information

    American, Boeing, and an anonymous commenter requested the NPRM (76 
FR 13541, March 14, 2011) be updated to refer to Boeing Special 
Attention Service Bulletin 757-25-0298, Revision 1, dated April 12, 
2011, which was released during the NPRM comment period.
    We agree. Since the NPRM (76 FR 13541, March 14, 2011) was issued, 
Boeing has issued Special Attention Service Bulletin 757-25-0298, 
Revision 1, dated April 12, 2011, which clarifies door latch engagement 
information, clarifies kit availability, and adds existing part 
numbers. We have changed paragraphs (c) and (g) of the AD to refer to 
Boeing Special Attention Service Bulletin 757-25-0298, Revision 1, 
dated April 12, 2011; added paragraph (k) of the AD to give credit for 
actions already accomplished in accordance with Boeing Special 
Attention Service Bulletin 757-25-0298, dated October 16, 2008; and 
revised subsequent paragraph lettering.

Request To Delay Publication of the AD

    Continental requested we delay publication of the final rule until 
Revision 3 to Boeing Service Bulletin 757-25-0182 is published. 
Continental justified its request by stating that it noticed some 
discrepancies in Boeing Service Bulletin 757-25-0182, Revision 2, dated 
January 11, 2001, and would prefer that Revision 3 of this service 
bulletin be issued prior to the issuance of the final rule.
    We partially agree. We agree that discrepancies exist in Boeing 
Service Bulletin 757-25-0182, Revision 2, dated January 11, 2001. We 
have reviewed Continental's comments with Boeing to obtain technical 
clarification. Boeing agrees with some of the discrepancies and has 
noted them for consideration for the next scheduled revision of this 
service bulletin. We disagree with delaying the issuance of the final 
rule because these minor discrepancies do not affect the operators' 
ability to accomplish the tasks specified in Boeing Service Bulletin 
757-25-0182, Revision 2, dated January 11, 2001. We have not changed 
the AD in this regard.

Request To Identify the Specific Steps in the Service Information

    American requested we change the NPRM (76 FR 13541, March 14, 2011) 
to identify the steps in Boeing Service Bulletin 757-25-0182, Revision 
2, dated January 11, 2001, that would be required to comply with 
paragraph (h)(2) of the NPRM. American justified its request by stating 
that identifying the specific steps will eliminate ambiguity and 
provide clear interpretation of the proposed AD.
    We agree. Clarifying the required steps will assist operators in 
accomplishing the required tests and modifications and will not expand 
the scope of the AD. We have added the steps to paragraph (h)(2) of the 
AD.

Request To Allow an Alternative to the Door Open/Door Close Test of the 
Compartment Door

    American requested we change paragraph (h)(2) of the NPRM (76 FR 
13541, March 14, 2011) to allow replacement of the target and remount 
of the switch on the new bracket in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 757-25-0182, Revision 2, dated 
January 11, 2001, as an alternative to performing the door open/door 
close test of the equipment compartment door. American justified its 
request by stating it accomplished the door open/door closed test of 
the compartment door as described in Boeing Service Bulletin

[[Page 3581]]

757-25-0182, Revision 2, dated January 11, 2001, in 2002 and 2003, and 
later experienced multiple off-wing slide deployments in 2006 and 2007.
    We agree that replacing the target and remounting the switch on the 
new bracket is an alternative to performing the door open/door close 
test of the equipment compartment door. We have added a statement to 
paragraph (h)(2) of this AD indicating that replacing the target and 
remounting the switch on the new bracket terminates the testing 
requirement in that paragraph.

Request To Allow Certain Alternative Methods of Compliance (AMOCs)

    American requested that all AMOCs previously approved for AD 99-17-
20, Amendment 39-11266 (64 FR 45436, August 20, 1999), be applicable to 
the pertinent paragraphs of the NPRM (76 FR 13541, March 14, 2011). 
American justified its request by stating that since these AMOCs have 
previously demonstrated they provide the necessary equivalent level of 
safety to the original rule, transferring the applicability will 
prevent duplication of efforts already undertaken by both operators and 
the FAA.
    We agree. AMOCs previously evaluated and approved as providing the 
necessary level of safety for AD 99-17-20, Amendment 39-11266 (64 FR 
45436, August 20, 1999), would also provide the necessary level of 
safety for the corresponding requirements of this AD. We have added 
paragraph (l)(3) to the AD, which specifies that AMOCs approved 
previously in accordance with AD 99-17-20, Amendment 39-11266, are 
approved as AMOCs for the corresponding provisions of paragraph (h) of 
this AD.

Request To Allow the Replacement of Kept Parts With New Parts of the 
Same Part Number

    American requested we change the NPRM (76 FR 13541, March 14, 2011) 
to allow replacement of kept parts with new parts of the same part 
number. American justified its request by stating that during the 
course of modification, parts may become damaged or lost, therefore 
rendering the kept hardware unserviceable or unavailable for 
installation.
    We agree with using new parts where the service information calls 
for installation of kept parts because a part having the identical part 
number is acceptable for use whether it is kept or new. We have added 
new paragraph (h)(5) to this final rule to allow using new parts.

Request To Allow Operator Use of Approved Substitutes of Common 
Hardware

    American requested we change the NPRM (76 FR 13541, March 14, 2011) 
to allow operators to use substitutes of common hardware (e.g., 
washers, nuts, bolts, and adhesives) that have been determined to be 
equivalent in accordance with the operator's parts management system to 
comply with hardware specified in Boeing Special Attention Service 
Bulletin 757-25-0298, Revision 1, dated April 12, 2011, Boeing Service 
Bulletin 757-25-0182, Revision 2, dated January 11, 2001, Boeing 
Service Bulletin 757-25-0200, Revision 1, dated August 3, 2000, and 
Boeing Special Attention Service Bulletin 757-25-0219, dated August 3, 
2000.
    We disagree. Parts management is an operator-specific process and 
needs to be evaluated on an individual basis. We will consider requests 
for approval of an AMOC under the provisions of paragraph (l) of this 
AD. Sufficient data must be submitted to substantiate that the 
operator's use of substitutes of common hardware would provide an 
acceptable level of safety. We have not changed the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 451 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                  Cost per
           Action                Labor cost      Parts cost        product           Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Modification of fittings and  7 work-hours x           $1,365          $1,960  $883,960.
 placards: Boeing Special      $85 per hour =
 Attention Service Bulletin    $595.
 757-25-0298, Revision 1,
 dated April 12, 2011.
Modification: Boeing Service  40 work-hours x           2,786           6,186  $1,880,544 (304 airplanes).
 Bulletin 757-25-0182,         $85 per hour =
 Revision 2, dated January     $3,400.
 11, 2001.
Test: Service Boeing Service  2 work-hours x                0             170  $76,670.
 Bulletin                      $85 per hour =
 757[dash]25[dash]0182,        $170.
 Revision 2, dated January
 11, 2001.
Bumper assembly and placards  4 work-hours x              457             797  $272,574 (342 airplanes).
 installation: Boeing          $85 per hour =
 Service Bulletin 757-25-      $340.
 0200, Revision 1, dated
 August 3, 2000.
Bumper assembly and placards  4 work-hours x              457             797  $0 (0 airplanes).
 installation: Boeing          $85 per hour =
 Special Attention Service     $340.
 Bulletin 757-25-0219, dated
 August 3, 2000.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the test. We have no way 
of determining the number of aircraft that might need these 
replacements.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                   Action                              Labor cost               Parts cost     Cost per  product
----------------------------------------------------------------------------------------------------------------
Replacement and remount; Boeing Service      4 work-hours x $85 per hour =            $2,786             $3,126
 Bulletin 757-25-0182, Revision 2, dated      $340.
 January 11, 2001.
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[[Page 3582]]

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2012-01-09 The Boeing Company: Amendment 39-16921; Docket No. FAA-
2011-0219; Directorate Identifier 2010-NM-228-AD.

(a) Effective Date

    This AD is effective February 29, 2012.

(b) Affected ADs

    Certain requirements of this AD affect certain requirements of 
AD 99-17-20, Amendment 39-11266 (64 FR 45436, August 20, 1999).

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200CB, and 
-300 series airplanes; certificated in any category; as identified 
in Boeing Special Attention Service Bulletin 757-25-0298, Revision 
1, dated April 12, 2011; with off-wing escape slide systems 
installed.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 25, Equipment and Furnishings.

(e) Unsafe Condition

    This AD was prompted by reports of in-flight loss of the off-
wing escape slide. We are issuing this AD to prevent the in-flight 
loss of the off-wing escape slide, which could result in the 
unavailability of the escape slide during an emergency evacuation. 
Additionally, the departed slide could cause damage to the fuselage, 
wing, flaps, or stabilizer, which could degrade flight control.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Modification

    Within 60 months after the effective date of this AD, modify the 
door latch fittings and witness mark placards of the left and right 
off-wing escape slide systems, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 757-25-
0298, Revision 1, dated April 12, 2011.

(h) Concurrent Actions

    Concurrently with or before accomplishing the actions specified 
in paragraph (g) of this AD, do the applicable actions specified in 
paragraphs (h)(1), (h)(2), (h)(3), and (h)(4) of this AD.
    (1) For airplanes that have not been modified by Boeing Service 
Bulletin 757-25-0182, dated October 10, 1996; or Revision 1, dated 
June 12, 1997; as of the effective date of this AD: Modify the door 
latch system of the left and right off-wing emergency evacuation 
slide systems, in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 757-25-0182, Revision 2, dated January 11, 
2001.
    (2) For airplanes that have been modified by Boeing Service 
Bulletin 757-25-0182, dated October 10, 1996; or Revision 1, dated 
June 12, 1997; as of the effective date of this AD: Do a test to 
verify that the modified compartment door sensor provides an 
accurate indication of the door lock condition, in accordance with 
Part II, Steps A. through C., of the Accomplishment Instructions of 
Boeing Service Bulletin 757-25-0182, Revision 2, dated January 11, 
2001. If the test indicates that the compartment door is not locking 
positively, concurrently with or before accomplishing the actions 
specified in paragraph (g) of this AD, replace the target and 
remount the switch on the new bracket, in accordance with Part II, 
Steps F. through V., of the Accomplishment Instructions of Boeing 
Service Bulletin 757-25-0182, Revision 2, dated January 11, 2001. 
Replacing the target and remounting the switch on the new bracket 
terminates the testing requirement in this paragraph.
    (3) For airplanes identified in Boeing Service Bulletin 757-25-
0200, Revision 1, dated August 3, 2000: Concurrently with or before 
accomplishing the actions required by paragraph (g) of this AD, 
install a bumper assembly on the left and right off-wing escape 
slide carriers, and install new placards in the area of the 
maintenance access door, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 757-25-0200, Revision 1, 
dated August 3, 2000.
    (4) For airplanes identified in Boeing Special Attention Service 
Bulletin 757-25-0219, dated August 3, 2000: Concurrently with or 
before accomplishing the actions required by paragraph (g) of this 
AD, install a bumper assembly on the left and right off-wing escape 
slide carriers, and install new placards in the area of the 
maintenance access door, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 757-25-
0219, dated August 3, 2000.
    (5) Using new parts having the same part number where the 
service information calls for installation of kept parts is 
acceptable for compliance with the requirements of this AD.

(i) Terminating Action for Paragraph (a)(1) of AD 99-17-20, Amendment 
39-11266 (64 FR 45436, August 20, 1999)

    Actions done in accordance with paragraph (h)(1) of this AD 
terminate the requirements of paragraph (a)(1) of AD 99-17-20, 
Amendment 39-11266 (64 FR 45436, August 20, 1999).

(j) Terminating Action for Paragraph (a)(2) of AD 99-17-20, Amendment 
39-11266 (64 FR 45436, August 20, 1999)

    Actions done in accordance with paragraph (h)(3) of this AD 
terminate the corresponding requirements of paragraph (a)(2) of AD 
99-17-20, Amendment 39-11266 (64 FR 45436, August 20, 1999).

(k) Credit for Actions Accomplished in Accordance With Previous Service 
Information

    Actions done before the effective date of this AD in accordance 
with Boeing Service Bulletin 757-25-0200, dated January 21, 1999, 
are acceptable for compliance with the corresponding requirements of 
paragraphs (h)(3) and (h)(4) of this AD. Actions done

[[Page 3583]]

before the effective date of this AD in accordance with Boeing 
Special Attention Service Bulletin 757-25-0298, dated October 16, 
2008, are acceptable for compliance with the corresponding 
requirements of paragraph (g) of this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the ACO, send it to the attention of the 
person identified in the Related Information section of this AD. 
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) AMOCs approved in accordance with AD 99-17-20, Amendment 39-
11266 (64 FR 45436, August 20, 1999), are approved as AMOCs for the 
corresponding provisions of paragraph (h) of this AD.

(m) Related Information

    For more information about this AD, contact Kimberly DeVoe, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, Seattle Aircraft Certification Office (ACO), FAA, 1601 
Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-
6495; fax: (425) 917-6590; email: Kimberly.Devoe@faa.gov.

(n) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51.
    (i) Boeing Special Attention Service Bulletin 757-25-0298, 
Revision 1, dated April 12, 2011.
    (ii) Boeing Service Bulletin 757-25-0182, Revision 2, dated 
January 11, 2001.
    (iii) Boeing Service Bulletin 757-25-0200, Revision 1, dated 
August 3, 2000.
    (iv) Boeing Special Attention Service Bulletin 757-25-0219, 
dated August 3, 2000.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; phone: 
(206) 544-5000, extension 1; fax: (206) 766-5680; email: 
me.boecom@boeing.com; Internet: https://www.myboeingfleet.com.
    (3) You may review copies of the referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, Washington. For information on the availability of this 
material at the FAA, call (425) 227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 13, 2012.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-1125 Filed 1-24-12; 8:45 am]
BILLING CODE 4910-13-P
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