[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Rules and Regulations]
[Pages 37015-37017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14312]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-313-AD; Amendment 39-11767; AD 2000-11-19]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 767-200 and -300 series airplanes, 
that requires repetitive inspections to detect wear or damage of the 
door latches and disconnect housings in the off-wing escape slide 
compartments, and replacement of any discrepant component with a new 
component. This amendment is prompted by reports of worn and damaged 
door latches and disconnect housings in the off-wing escape slide 
compartments. The actions specified by this 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. The actions specified by this AD are also intended to 
detect damaged disconnect housings in the off-wing escape slide 
compartments, which could result in unexpected deployment of an escape 
slide during maintenance, and consequent injury to maintenance 
personnel.

DATES: Effective July 18, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 18, 2000.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA),

[[Page 37016]]

Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., 
Renton, Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 767-200 and -
300 series airplanes was published in the Federal Register on December 
29, 1999 (64 FR 72967). That action proposed to require repetitive 
inspections to detect wear or damage of the door latches and disconnect 
housings in the off-wing escape slide compartments. If wear or damage 
is found, the action proposed to require replacement of these 
discrepant components with new components.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposed Rule

    Two commenters support the proposed rule and indicate that they are 
accomplishing the requirements of this AD on their airplanes. A third 
commenter offers no comment on the proposed rule.

Request To Revise Wording in Proposed Rule

    One commenter requests that the FAA revise certain wording in the 
preamble and body of the proposed rule. The commenter's suggestions and 
rationale are as follows:
    1. Revise statement of unsafe condition throughout the AD to state 
that the actions specified by this AD are intended to ``ensure 
deployment of an escape slide during an emergency evacuation and[,] 
additionally[,] in the case of the disconnect housing, to ensure the 
safety of mechanics during maintenance.'' The commenter states that a 
broken disconnect housing could result in unexpected inflation of an 
off-wing slide during maintenance.
    2. Revise the ``Discussion'' section of the proposed rule to 
incorporate more details about the events that prompted this AD. 
Specifically, state that ``Worn or broken latches and broken disconnect 
housings have also been discovered during maintenance.''
    3. Revise the ``Differences Between Proposed Rule and Alert Service 
Bulletin'' section to reference specific part numbers acceptable for 
installation.
    4. Revise description of subject parts throughout the AD from 
``worn and damaged door latches and disconnect housings of the off-wing 
escape slide compartments'' to ``worn and damaged door latches and 
broken disconnect housings in the off-wing escape slide compartments.'' 
The commenter states that, ``To date, there are no reports of `worn' 
disconnect housings, only `broken' ones.''
    The FAA partially concurs with the commenter's requests. The FAA 
concurs with the commenter's suggested changes to the statement of 
unsafe condition described above in item 1. Accordingly, the FAA has 
revised the statement of unsafe condition in the ``Summary'' section of 
this final rule.
    The FAA also concurs that the commenter's suggested changes 
described above in items 2. and 3. are accurate; however, these 
sections are not restated in the final rule; thus, no change to the 
final rule is necessary in this regard.
    The FAA does not concur that any change is necessary to the 
description of subject parts, as described above in item 4. The FAA 
considers ``damage'' of the disconnect housings to include broken 
disconnect housings. However, the FAA does concur with the commenter's 
suggestion to revise the words ``of the off-wing escape slide 
compartments'' to ``in the off-wing escape slide compartments.'' This 
change has been made throughout this final rule.

Request To Reference Forthcoming Terminating Action

    One commenter requests that the FAA revise the proposed rule to 
reference a terminating action. The commenter states that the airplane 
manufacturer will release a new service bulletin that describes 
procedures for replacing disconnect housings with new, improved 
disconnect housings. The commenter states that such replacement is 
intended to eliminate the need for the repetitive inspections of the 
disconnect housings that would be required by the proposed AD. 
(However, repetitive inspections of the latches would still be 
necessary.) The commenter also suggests changes to the cost impact 
information related to adding the terminating action.
    The FAA does not concur with the commenter's request. To date, the 
FAA has not reviewed or approved the service bulletin referenced by the 
commenter. Considering the degree of urgency associated with addressing 
the subject unsafe condition, the FAA finds that it would be 
inappropriate to delay issuance of this final rule until the service 
bulletin has been approved. However, once the service bulletin and 
improved parts referenced by the commenter are available, the commenter 
may request approval of an alternative method of compliance, in 
accordance with paragraph (c) of this AD. No change to the final rule 
is necessary in this regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 634 Model 767-200 and -300 series airplanes 
of the affected design in the worldwide fleet. The FAA estimates that 
241 airplanes of U.S. registry will be affected by this AD, that it 
will take approximately 3 work hours per airplane to accomplish the 
required inspections, and that the average labor rate is $60 per work 
hour. Based on these figures, the cost impact of this 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 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 adopted herein will 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) Is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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

[[Page 37017]]

substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. A final evaluation has been prepared for 
this action and it is contained in the Rules Docket. A copy of it may 
be obtained from the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

2000-11-19  Boeing: Amendment 39-11767. 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.
    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; and to detect damaged 
disconnect housings in the off-wing escape slide compartments, which 
could result in unexpected deployment of an escape slide during 
maintenance, and consequent injury to maintenance personnel; 
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 in 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 
Secs. 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 767-25A0260, dated July 9, 1998. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, 
Seattle, Washington 98124-2207. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on July 18, 2000.

    Issued in Renton, Washington, on June 1, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-14312 Filed 6-12-00; 8:45 am]
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