[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Proposed Rules]
[Pages 72967-72969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33732]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-313-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 767-200 and -
300 series airplanes. This proposal would require repetitive 
inspections to detect wear or damage of the door latches and disconnect 
housings of the off-wing escape slide compartments. If wear or damage 
is found, the proposed AD would require replacement of these discrepant 
components with new components. This proposal is prompted by reports of 
worn and damaged door latches and disconnect housings of the off-wing 
escape slide compartments. The actions specified by the proposed AD are 
intended to ensure deployment of an escape slide during an emergency 
evacuation. Non-deployment of an escape slide during an emergency could 
slow down the evacuation of the airplane and result in injury to 
passengers or flightcrew.

DATES: Comments must be received by February 14, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-313-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: Jim Cashdollar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2785; fax (425) 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 98-NM-313-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-114, Attention: Rules 
Docket No. 98-NM-313-AD , 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports of broken and worn door latches and 
disconnect housings of the off-wing escape slide compartments on Boeing 
Model 767-200 and -300 series airplanes. These worn or broken parts 
have caused non-deployment of a slide during an emergency evacuation 
and during a test. This condition, if not corrected, could result in 
non-deployment of an escape slide during an emergency evacuation. Non-
deployment of an escape slide during an emergency could slow down the 
evacuation of the airplane and result in injury to passengers or 
flightcrew.

[[Page 72968]]

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-25A0260, dated July 9, 1998, which describes procedures for 
repetitive detailed visual inspections to detect wear or damage of the 
door latches and disconnect housings of the off-wing escape slide 
compartments. The alert service bulletin also describes procedures for 
replacement of these components with new components if wear or damage 
is found. Accomplishment of the actions specified in the alert service 
bulletin is intended to adequately address the identified unsafe 
condition.

Explanation of Requirements of Proposed Rule

    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 require accomplishment of the actions specified in 
the alert service bulletin described previously, except as discussed 
below.

Differences Between Proposed Rule and Alert Service Bulletin

    Operators should note that the alert service bulletin recommends 
accomplishing the initial inspection within 180 days (after the release 
of the service bulletin) for airplanes with 6,000 flight hours or more; 
and within 6,000 flight hours or 180 days after release of the service 
bulletin, whichever is later, for airplanes with less than 6,000 flight 
hours. However, the FAA has determined that a compliance time of 6,000 
total flight hours, or 18 months after the effective date of this AD, 
whichever occurs later, would address the identified unsafe condition 
in a timely manner. By aligning the initial inspections with an 18-
month interval, they can be incorporated into the maintenance schedules 
recommended by the Boeing Maintenance Manual.
    In developing an appropriate compliance time for this AD, the FAA 
considered not only the manufacturer's recommendation, but the degree 
of urgency associated with addressing the subject unsafe condition, the 
average utilization of the affected fleet, and the time necessary to 
perform the inspection (less than three hours). In light of all of 
these factors, the FAA finds a compliance time of 6,000 total flight 
hours, or 18 months after the effective date of this AD, whichever 
occurs later, for initiating the required actions to be warranted, in 
that it represents an appropriate interval of time allowable for 
affected airplanes to continue to operate without compromising safety.
    Additionally, operators should note that the alert service bulletin 
allows door latches having part numbers H2052-11 and H2052-115 to 
remain installed provided that they are not worn or damaged. However, 
the FAA has previously issued AD 92-16-17, amendment 39-8327 (57 FR 
47987, October 21, 1992), and AD 95-08-11, amendment 39-9200 (60 FR 
20013, April 24, 1995). Those AD's require, among other things, 
modification of escape slide compartment door latching mechanisms in 
accordance with Boeing Alert Service Bulletin 767-25A0174, dated August 
15, 1991. Part of the modification entails replacement of latches 
having part numbers H2052-11 or H2052-115 with new latches having part 
number H2052-13. Therefore, a NOTE has been included in the body of 
this proposed AD to clarify that latches having part number H2052-11 or 
H2052-115 are not acceptable. The FAA finds that this proposed rule 
does not need to include a requirement to replace latches having part 
numbers H2052-11 or H2052-115, because such replacement is already 
required by AD 92-16-17 and AD 95-08-11.

Cost Impact

    There are approximately 634 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 241 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
3 work hours per airplane to accomplish the proposed inspections, and 
that the average labor rate is $60 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $43,380, or $180 per airplane, per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.

Regulatory Impact

    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. 106(g), 40113, 44701.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Boeing: Docket 98-NM-313-AD.

    Applicability: Model 767-200 and -300 series airplanes, as 
listed in Boeing Alert Service Bulletin 767-25A0260, dated July 9, 
1998; certificated in any category; except Model 767 series 
airplanes that have undergone conversion to freighter 
configurations, and on which the off-wing escape system has been 
removed or deactivated.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.

[[Page 72969]]

    To prevent non-deployment of an escape slide during an emergency 
evacuation, which could slow down the evacuation of the airplane and 
result in injury to passengers or flightcrew, accomplish the 
following:

Inspections

    (a) Prior to the accumulation of 6,000 total flight hours, or 
within 18 months after the effective date of this AD, whichever 
occurs later, perform a detailed visual inspection to detect wear or 
damage of the door latches and disconnect housings of the off-wing 
escape slide compartments, in accordance with Boeing Alert Service 
Bulletin 767-25A0260, dated July 9, 1998. Repeat the inspection 
thereafter at intervals not to exceed 6,000 flight hours or 18 
months, whichever occurs later.

    Note 2: Boeing Alert Service Bulletin 767-25A0260, dated July 9, 
1998, allows repetitive inspections of a door latch having part 
number H2052-11 or H2052-115, provided that the latch is not worn or 
damaged. However, replacement of any latch having part number H2052-
11 or H2052-115 with a new latch having part number H2052-13 is 
described as part of a modification of the escape slide compartment 
door latching mechanism that is specified in Boeing Alert Service 
Bulletin 767-25A0174, dated August 15, 1991. Accomplishment of that 
modification is required by AD 92-16-17, amendment 39-8327, and AD 
95-08-11, amendment 39-9200. Therefore, operators should note that 
any latch having part number H2052-11 or H2052-115 found during an 
inspection required by paragraph (a) of this AD is already required 
to be replaced in accordance with AD 92-16-17 or AD 95-08-11, as 
applicable.
    Note 3: Inspections and corrective actions accomplished prior to 
the effective date of this AD, in accordance with the Validation 
Copy of Boeing Alert Service Bulletin 767-25A0260, dated April 28, 
1998, are considered acceptable for compliance with the applicable 
action specified in this AD.

Replacement

    (b) If any part is found to be worn or damaged during the 
inspections performed in accordance with paragraph (a) of this AD, 
prior to further flight, replace the worn or damaged part with a new 
part, and perform an adjustment of the off-wing escape slide system, 
in accordance with Boeing Alert Service Bulletin 767-25A0260, dated 
July 9, 1998.

Alternative Methods of Compliance

    (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, 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 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (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 December 22, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-33732 Filed 12-28-99; 8:45 am]
BILLING CODE 4910-13-U