Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Proposed Rules 16817

repeat the measurement at intervals not to

exceed 6 months.

(i) Adjust the lockout cam until the correct

clearance is obtained, in accordance with the

alert service bulletin, Or

(ii) If correct clearance cannot be obtained

by adjusting the lockout cam, replace the

lockout cam, in accordance with the alert

service bulletin.

(f) 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.

(g) Special flight permits may be issued in

accordance with §§ 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. 95–8079 Filed 3–31–95; 8:45 am]

BILLING CODE 4910–13–U

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).

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 overwing 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
16818 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Proposed Rules

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 overwing 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.

§ 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

Coast Guard

33 CFR Part 165

[CGD01–95–025]

RIN 2115–AA97

Safety Zone: Annual ‘‘Fireworks on the

Navesink’’ Fireworks Display,

Navesink River, Red Bank, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a permanent safety zone for

the annual Independence Day

‘‘Fireworks on the Navesink’’ fireworks

display located on the Navesink River,

Red Bank, New Jersey. The safety zone

would be in effect annually on the third

day of July, from 8 p.m. until 11 p.m.,

with a raid date on the fourth of July,

at the same times, unless extended or

terminated sooner by the Captain of the

Port, New York. The proposed safety

zone would close all waters between the

north and south shores of the Navesink

River, including Red Bank Reach,