[Federal Register: June 2, 2003 (Volume 68, Number 105)]
[Proposed Rules]
[Page 32691-32693]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn03-25]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 32691]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-95-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 757-200 Series Airplanes
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 757-
200 series airplanes, that currently requires modification of the
number 3 left and right emergency exit doors. This action would require
a new, improved modification of the number 3 left and right emergency
exit doors, which would terminate the requirements in the existing AD.
The actions specified by the proposed AD are intended to prevent the
number 3 emergency exit doors from jamming, which could impede the safe
evacuation of passengers and crew during an emergency. This action is
intended to address the identified unsafe condition.
DATES: Comments must be received by July 17, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-95-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-95-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
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: Keith Ladderud, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6435; fax (425) 917-6590.
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 action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
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 action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-95-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. 2002-NM-95-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On December 13, 1990, the FAA issued AD 91-01-05, amendment 39-6850
(55 FR 52967, December 26, 1990), applicable to certain Boeing Model
757 series airplanes, to require modification of the number 3 left and
right emergency exit doors. That action was prompted by reports of
doors becoming jammed during attempted operation. The requirements of
that AD are intended to prevent the potential for reduced passenger
evacuation capability during an emergency.
Actions Since Issuance of Previous Rule
Since the issuance of AD 91-01-05, we have received several reports
from operators of difficulty in opening the number 3 emergency exit
door on Boeing Model 757-200 series airplanes having a four-door
configuration. The reports indicate that, as the door handle was pulled
and the door raised, the small hinged panel above the door did not
release from its latched position. In each case, as the door raised, it
jammed against the hinged panel. In some cases the door would not open,
and in other cases the door opened, but a great amount of exertion had
to be used. In light of these incidents, the manufacturer has developed
a new, improved modification that will prevent jamming of the number 3
left and right emergency exit doors. The FAA approved this modification
as an alternative method of compliance and as an option to the
terminating action requirements of AD 91-01-05.
Explanation of Relevant Service Information
The FAA has reviewed and approved Boeing Special Attention Service
Bulletin 757-25-0237, Revision 2, dated December 12, 2002, which
describes
[[Page 32692]]
procedures for modification of the number 3 left and right emergency
exit doors. The modification involves replacing the header panel
assemblies of the number 3 left and right emergency exit doors
(includes replacing the double hinged panels above the doors with new
single panels), trimming the top portion of the door liner seal, and
installing a new seal, retainer, and support angle. The service
bulletin references the procedures for an operational test specified in
the Boeing 757 Airplane Maintenance Manual after the modification has
been done. Accomplishment of the actions specified in the 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 supersede AD 91-01-05 to require a new, improved
modification of the number 3 left and right emergency exit doors, which
would terminate the requirements in the existing AD. The actions would
be required to be accomplished in accordance with the service bulletin
described previously.
Cost Impact
There are approximately 398 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 117 airplanes of U.S. registry
would be affected by this proposed AD.
The FAA has reviewed the figures it has used in the past in
calculating the economic impact of AD activity. In order to account for
various inflationary costs in the airline industry, the FAA has
determined that it is necessary to increase the labor rate used in
these calculations to $60 per work hour. The cost impact information,
below, has been revised to reflect this increase in the specified
hourly labor rate.
The modification that is currently required by AD 91-01-05 takes
approximately 3 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Required parts will cost approximately
$95 per airplane. Based on these figures, the cost impact of the
currently required modification is estimated to be $275 per airplane.
The new modification that is proposed in this AD action would take
approximately 6 work hours per airplane (3 work hours per door) to
accomplish, at an average labor rate of $60 per work hour. Required
parts would cost approximately $8,000 per kit, per airplane. Based on
these figures, the cost impact of the proposed new modification on U.S.
operators is estimated to be $978,120, or $8,360 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the current or proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted. The cost
impact figures discussed in AD rulemaking actions represent only the
time necessary to perform the specific actions actually required by the
AD. These figures typically do not include incidental costs, such as
the time required to gain access and close up, planning time, or time
necessitated by other administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
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 removing amendment 39-6850 (55 FR
52967, December 26, 1990), and by adding a new airworthiness directive
(AD), to read as follows:
Boeing: Docket 2002-NM-95-AD. Supersedes AD 91-01-05, Amendment 39-
6850.
Applicability: Model 757-200 series airplanes having a four-door
configuration, as listed in Boeing Special Attention Service
Bulletin 757-25-0237, Revision 2, dated December 12, 2002;
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 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 the number 3 emergency exit doors from jamming, which
could impede the safe evacuation of passengers and crew during an
emergency, accomplish the following:
Modification
(a) Within 36 months after the effective date of this AD: Modify
the number 3 left and right emergency exit doors per the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 757-25-0237, Revision 2, dated December 12, 2002. The
modification involves replacing the header panel assemblies of the
number 3 left and right emergency exit doors (includes replacing the
double hinged panels above the doors with new single panels),
trimming the top portion of the door liner seal, and installing a
new seal, retainer, and support angle. Accomplishment of the
modification required by this paragraph terminates the requirements
of AD 91-01-05, amendment 39-6850.
Credit for Actions Done per Previous Issue of Service Bulletin
(b) Modifications done before the effective date of this AD per
Boeing Special Attention Service Bulletin 757-25-0237 dated October
18, 2001, or Revision 1, dated January 24, 2002, are considered
acceptable for compliance with paragraph (a) of this AD.
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
[[Page 32693]]
Aircraft Certification Office (ACO), FAA. 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.
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 May 23, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-13657 Filed 5-30-03; 8:45 am]
BILLING CODE 4910-13-P