[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Proposed Rules]
[Pages 54747-54749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22220]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0150; Directorate Identifier 2007-NM-325-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain Boeing Model 767 series 
airplanes. The original NPRM would have superseded an existing AD that 
currently requires a one-time inspection for missing, damaged, or 
incorrectly installed parts in the separation link assembly on the 
deployment bar of the emergency escape system on the entry or service 
door, and installation of new parts if necessary. The original NPRM 
proposed to require replacing the separation link assembly on the 
applicable entry and service doors with an improved separation link 
assembly, and related investigative and corrective actions if 
necessary. The original NPRM also removed certain airplanes from the 
applicability. The original NPRM 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. This action 
revises the original NPRM by adding a new inspection for discrepancies 
of the unloaded spring dimensions in the separation link assembly, and 
corrective actions if necessary. We are proposing this supplemental 
NPRM 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 supplemental NPRM by October 
20, 2008.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, 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, P.O. Box 3707, Seattle, Washington 98124-2207.

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 (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Keith Ladderud, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6435; fax (425) 917-6590.

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-2008-0150; 
Directorate Identifier 2007-NM-325-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

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for an AD 
(the ``original NPRM'') to supersede AD 2001-26-19, amendment 39-12585 
(67 FR 265, January 3, 2002). The original NPRM applied to certain 
Boeing Model 767 series airplanes. The original NPRM was published in 
the Federal Register on February 11, 2008 (73 FR 7690). The original 
NPRM proposed to require replacing the separation link assembly on the 
applicable entry and service doors with an improved separation link 
assembly, and related investigative and corrective actions if 
necessary.

Actions Since Issuance of Original NPRM

    Since we issued the original NPRM, Boeing has issued Boeing Special 
Attention Service Bulletin 767-25-0428, Revision 1, dated May 8, 2008 
(we referred to the original service bulletin as the appropriate source 
of information for accomplishing the actions). Revision 1 of the 
service bulletin adds procedures for inspecting unloaded spring 
dimensions in the separation link assembly for discrepancies (any nicks 
or scrapes and subsequent breakage or other permanent deformation such 
as bent tangs; out of tolerance cap screw) using the procedures 
specified in the component maintenance manual, and replacing any 
discrepant spring with a new spring. The service bulletin also adds new 
torque values for the cap screw. Accomplishing the actions specified in 
the service information is intended to adequately address the unsafe 
condition.

Comments

    We have considered the following comments on the original NPRM.

Request for Changes to the Preamble of the Original NPRM

    Boeing provided the following comments to the original NPRM:
    <bullet> Boeing asks that the sentence ``This proposed AD would 
also remove certain airplanes from the applicability,'' be removed from 
the SUMMARY section of the original NPRM. Boeing states that it is 
unclear where or how certain airplanes have been removed from the 
applicability since the initial release of the service bulletin.
    <bullet> Boeing asks that the sentence ``We have also removed Model 
767-300F airplanes * * *'' be removed from the ``Actions Since Existing 
AD Was Issued'' section of the original NPRM. Boeing states that the 
separation links are not part of the Model 767 Freighter; therefore, 
freighters are not listed in the referenced service bulletin. Boeing 
adds that they should not be listed in the AD

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in the first place and should be removed.
    <bullet> Boeing asks that the word ``existing'' be removed from the 
sentence ``Therefore, we have determined that the existing separation 
link assembly must be secured with a nut and washer * * *'' That 
sentence is also in the ``Actions Since Existing AD Was Issued'' 
section of the original NPRM. Boeing states that the nut and washer 
must be used with a new separation link assembly.
    <bullet> Boeing asks that the second through the fifth sentences of 
the ``Relevant Service Information'' section be removed. Boeing states 
that the objective of the requested action in the service bulletin is 
to bring the condition of the deployment bar assembly as near to the 
``just manufactured'' condition as possible. Boeing notes that the 
requested action is a reminder to perform normal, standard maintenance 
practices and is not related to the root cause of the missing snap 
rings.
    We partially agree with the Boeing comments.
    We do not agree to change the SUMMARY section to remove the 
language which specified the subject airplanes were removed. That 
language was specified in the NPRM because Model 767-300F airplanes 
were included in the applicability of AD 2001-26-19, but would not be 
included in the applicability of this supplemental NPRM.
    We acknowledge and agree that Boeing's suggested changes to the 
other sections would further clarify the information specified in the 
original NRPM. However, the other sections of the original NRPM do not 
reappear in the supplemental NPRM.
    We have made no change to the supplemental NPRM in this regard.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The changes discussed under ``Actions Since Issuance of Original 
NPRM'' expand the scope of the original NPRM; therefore, we have 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for public comment on this supplemental NPRM.

Costs of Compliance

    There are about 1,225 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 355 airplanes of 
U.S. registry. The new proposed actions would take up to about 6 work 
hours per airplane, at an average labor rate of $80 per work hour. 
Required parts would cost up to about $10,671 per airplane. Based on 
these figures, the estimated cost of the new actions specified in this 
proposed AD for U.S. operators is $3,958,605, or $11,151 per airplane.

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); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this supplemental NPRM and placed it in the AD docket. See 
the ADDRESSES section for a location to examine the regulatory 
evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-12585 (67 FR 265, January 3, 2002) and adding the 
following new airworthiness directive (AD):

Boeing: Docket No. FAA-2008-0150; Directorate Identifier 2007-NM-
325-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
20, 2008.

Affected ADs

    (b) This AD supersedes AD 2001-26-19.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -400ER 
series airplanes, certificated in any category, as identified in 
Boeing Special Attention Service Bulletin 767-25-0428, dated August 
23, 2007.

Unsafe Condition

    (d) This AD results 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 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

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement

    (f) Within 48 months after the effective date 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 Boeing Special 
Attention Service Bulletin 767-25-0428, dated August 23, 2007, or 
Revision 1, dated May 8, 2008. After the effective date of this AD 
only Revision 1 of the service bulletin may be used.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in

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accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

    Issued in Renton, Washington, on September 11, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-22220 Filed 9-22-08; 8:45 am]
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