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[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Proposed Rules]
[Pages 42607-42609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18136]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0719; Directorate Identifier 2010-NM-087-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 767-200, -300, 
and -400ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to the products listed above. The existing AD 
currently requires replacing the separation link assembly on the 
applicable entry and service doors with an improved separation link 
assembly, and doing related investigative and corrective actions if 
necessary. Since we issued that AD, we have received a report that an 
additional airplane is subject to the unsafe condition. This proposed 
AD would add that airplane to the applicability and also remove certain 
other airplanes from the applicability. We are proposing this AD to 
prevent failure of an entry or service door to open fully in the event 
of an emergency evacuation, which could impede exit from the airplane. 
This condition could result in injury to passengers or crewmembers.

DATES: We must receive comments on this proposed AD by September 2, 
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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; telephone 206-544-5000, 
extension 1, fax 206-766-5680; e-mail 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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Stephen Styskal, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; phone: (425) 917-6439; fax: (425) 917-6590; e-
mail: stephen.styskal@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0719; 
Directorate Identifier 2010-NM-087-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On January 22, 2009, we issued AD 2009-04-12, Amendment 39-15818 
(74 FR 8717, February 26, 2009), for certain Model 767-200, -300, and -
400ER series airplanes. That AD requires replacing the separation link 
assembly on the applicable entry and service doors with an improved 
separation link assembly, and doing related investigative and 
corrective actions if necessary. That AD resulted from reports that 
entry and service doors did not open fully during deployment of 
emergency escape slides, and additional reports of missing snap rings. 
We issued that AD to prevent failure of an entry or service door to 
open fully in the event of an emergency evacuation, which could impede 
exit from the airplane. This condition could result in injury to 
passengers or crewmembers.

Actions Since Existing AD Was Issued

    Since we issued AD 2009-04-12, we have received a report indicating 
that an additional airplane is subject to the unsafe condition. In 
addition, four airplanes were converted to freighter configurations 
without the affected slides, and, therefore, are no longer subject to 
the unsafe condition.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 767-25-0428, 
Revision 3, dated October 21, 2010. This service bulletin describes the 
same procedures that are described in Boeing Special Attention Service 
Bulletin 767-25-0428, Revision 1, dated May 8, 2008 (which was 
referenced in AD 2009-04-12 as the appropriate source of service 
information). Revision 3 of Boeing Special Attention Service Bulletin 
767-25-0428 adds a step to the entry/service door bustle installation 
process, and contains information on airplanes identified in the 
revised Effectivity section and a changed part number for a cap screw.
    Boeing Special Attention Service Bulletin 767-25-0428, Revision 2, 
dated February 4, 2010, included an additional airplane in the 
Effectivity section and removed four airplanes from the Effectivity 
section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all the requirements of AD 2009-04-12 
using the revised service information described previously. This 
proposed AD would add an airplane to the

[[Page 42608]]

applicability and also remove certain other airplanes from the 
applicability.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2009-04-12. 
Since AD 2009-04-12 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                      Corresponding  requirement in this
    Requirement in AD 2009-04-12                 proposed AD
------------------------------------------------------------------------
             paragraph (f)                        paragraph (g)
------------------------------------------------------------------------

Costs of Compliance

    We estimate that this proposed AD affects 355 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on  U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
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Replacement (retained actions    Up to 7 work-hours x    Up to $10,671....  Up to $11,266....  Up to $3,999,430.
 from existing AD).               $85 per hour = $595.
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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

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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),
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing airworthiness directive 
(AD) 2009-04-12, Amendment 39-15818 (74 FR 8717, February 26, 2009), 
and adding the following new AD:

The Boeing Company: Docket No. FAA-2010-0719; Directorate Identifier 
2010-NM-087-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
2, 2011.

Affected ADs

    (b) This AD supersedes AD 2009-04-12, Amendment 39-15818.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, 
and -400ER series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 767-25-0428, 
Revision 3, dated October 21, 2010.

Subject

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

Unsafe Condition

    (e) This AD was prompted by reports that entry and service doors 
did not open fully during deployment of emergency escape slides, and 
additional reports of missing snap rings. We are issuing this AD to 
prevent failure of an entry or service door to open fully in the 
event of an emergency evacuation, which could impede exit from the 
airplane. This condition could result in injury to passengers or 
crewmembers.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.
    Restatement of Requirements of AD 2009-04-12, with Revised 
Service Information and Additional Airplane:

Replacement

    (g) At the applicable time specified in paragraphs (g)(1) and 
(g)(2) of this AD, replace the separation link assembly on the 
deployment bar of the emergency escape system on all the applicable 
entry and service doors with an improved separation link assembly; 
and do all the applicable related investigative and corrective 
actions before further flight; by accomplishing all of the 
applicable actions specified in the Accomplishment Instructions of 
any service bulletin identified in table 1 of this AD. After April 
2, 2009 (the effective date of AD 2009-04-12), only Boeing Special 
Attention Service Bulletin 767-25-0428, Revision 1 or Revision 3 may 
be used to accomplish the requirements of AD 2009-04-12. After the 
effective date of this AD, only Revision 3 may be used.

[[Page 42609]]

                                          Table 1--Service Information
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     Boeing special attention Service
                Bulletin--                          Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
767-25-0428..............................  Original....................  August 23, 2007.
767-25-0428..............................  1...........................  May 8, 2008.
767-25-0428..............................  3...........................  October 21, 2010.
----------------------------------------------------------------------------------------------------------------

    (1) For airplanes other than those having variable number VN 
137: Within 48 months after April 2, 2009.
    (2) For the airplane having variable number VN 137: Within 48 
months after the effective date of this AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Actions done before the effective date of this AD in 
accordance with Boeing Special Attention Service Bulletin 767-25-
0428, Revision 2, dated February 4, 2010, are acceptable for 
compliance with the corresponding requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
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 e-mailed 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 for AD 2009-04-12 are approved as AMOCs for 
the corresponding provisions of this AD.

Related Information

    (j) For more information about this AD, contact Stephen Styskal, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; phone: (425) 917-6439; 
fax: (425) 917-6590; e-mail: stephen.styskal@faa.gov.
    (k) 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; telephone 
206-544-5000, extension 1; fax 206-766-5680; e-mail 
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.

    Issued in Renton, Washington, on July 8, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-18136 Filed 7-18-11; 8:45 am]
BILLING CODE 4910-13-P
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