[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Proposed Rules]
[Pages 16817-16818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8077]



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DEPARTMENT OF TRANSPORTATION
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).

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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 over-wing 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 [[Page 16818]] 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 over-wing 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.


Sec. 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