[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Rules and Regulations]
[Page 59486-59488]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc08-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0302; Directorate Identifier 2007-NM-323-AD;
Amendment 39-15689; AD 2008-21-05]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200, -300, and -400ER
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Boeing Model 767-200, -300, and -400ER
series airplanes. That AD currently requires an inspection to determine
if the door-mounted escape slide/rafts have certain part numbers. This
new AD does not retain that requirement. This new AD continues to
require an inspection for excessive tension of the firing cable, and
procedures for providing slack in the firing cable or rerouting the
firing cable if necessary. For certain airplanes, this new AD also
requires a review of the airplane maintenance records to determine if a
certain service bulletin has been incorporated, or an inspection to
determine if certain door-mounted escape slide/rafts are installed.
This new AD also requires modification of certain escape slide/rafts.
This AD results from reports of uncommanded inflation inside the
airplane of a door-mounted escape slide/raft located in the passenger
compartment. We are issuing this AD to prevent injury to maintenance
personnel, passengers, and crew during otherwise normal operating
conditions and to prevent interference with evacuation of the airplane
during an emergency, due to uncommanded inflation of a door-mounted
escape slide/raft.
DATES: This AD becomes effective November 13, 2008.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 13,
2008.
On June 30, 2005 (70 FR 34638, June 15, 2005), the Director of the
Federal Register approved the incorporation by reference of a certain
other publication.
ADDRESSES: 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2005-12-14, amendment
39-14130 (70 FR 34638, June 15, 2005). The existing AD applies to
certain Boeing Model 767-200, -300, and -400ER series airplanes. That
NPRM was published in the Federal Register on March 18, 2008 (73 FR
14405). That NPRM proposed to continue to require an inspection to
determine if the door-mounted escape slide/rafts have certain part
numbers. For those door-mounted escape slide/rafts having certain part
numbers, the NPRM also proposed to continue to require an inspection
for excessive tension of the firing cable, and procedures for providing
slack in the firing cable or rerouting the firing cable if necessary.
For certain airplanes, the NPRM also proposed to require a review of
the airplane maintenance records to determine if a certain service
bulletin has been incorporated, or an inspection to determine if
certain door-mounted escape slide/rafts are installed. The NPRM also
proposed to require modification of certain escape slide/rafts.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Request To Refer to Certain Part Numbers (P/Ns) in the Applicability
Boeing requests that we revise the applicability to Boeing Model
767-200, -300, and -400ER series airplanes, certificated in any
category; as identified in Boeing Alert Service Bulletin 767-25A0395,
dated August 31, 2006; equipped with Goodrich door-mounted slide/rafts
having P/Ns 5A3294-1, 5A3294-2, 5A3295-1, or 5A3295-3. As
justification, Boeing states that this change clarifies that this AD
applies only to certain Goodrich door-mounted slides/rafts. Boeing also
states the applicability of the NPRM, as written, might require an
alternative method of compliance (AMOC) for airplanes having other
door-mounted slides/rafts.
We agree to revise the applicability of this AD as requested by
Boeing for the reasons stated above, except that paragraph (c) of this
AD refers to Revision 1 of the service bulletin, dated January 25,
2007. Since we have added the affected part numbers for the discrepant
door-mounted slides/rafts to the applicability of this AD, it is no
longer necessary to require the inspection to determine the part
numbers as specified in paragraph (f) of the NPRM. Therefore, we have
deleted
[[Page 59487]]
that action and reidentified the subsequent paragraphs of this AD
accordingly.
Request To Delete Certain Airplanes From the Applicability
Florida West International Airways states that this AD does not
apply to Model 767-300GMF airplanes.
We infer that the commenter requests that we delete that model
designation from the applicability of this AD. We disagree because that
model designation is not identified in the applicability of this AD.
Model ``767-300GMF'' is not a valid designation as specified on the
type certificate data sheet (TCDS) for Model 767 airplanes. Therefore,
the commenter should verify the airplane identification as listed on
the airplane data plate. This information will allow the commenter to
determine whether this AD is applicable to its airplanes. We have not
changed the AD in this regard.
Request To Revise Paragraph (k)(1) of the NPRM
Boeing requests that we revise paragraph (k)(1) of the NPRM as
follows: ``* * * Determine if any door-mounted escape slide/raft having
P/N 5A3294-1, 5A3294-2, 5A3295-1, or 5A3295-3 is installed; by review
of the airplane maintenance records, or by a general visual inspection
and modify the escape slide/rafts. Note the above slide/rafts may have
been installed by Boeing Service Bulletin 767-25-0266.'' Boeing points
out that this request also removes the following statement: ``Doing the
inspection before the effective date of this AD in accordance with
paragraph (f)(1) of this AD is acceptable for compliance with the
inspection specified in this paragraph.'' As justification, Boeing
states that its suggested changes focus the reader on the specific part
numbers to be modified and assures that the escape slide/rafts
inspected prior to the effective date of this new AD are modified.
We agree to delete the second sentence of paragraph (k)(1) of the
NPRM, since it is no longer necessary to provide relief for operators
who, in accordance with paragraph (f)(1) of AD 2005-12-14, have
previously inspected to determine if the discrepant slides/rafts are
installed. However, we disagree with revising the first sentence of
paragraph (k)(1) of the NPRM because Boeing's suggested changes and the
language used in paragraph (j)(1) of this AD have essentially the same
meaning. (As stated previously, paragraph (k) of the NPRM is
reidentified as paragraph (j) in this AD.) Further, the language that
we use is similar to what is stated in the Accomplishment Instructions
of Boeing Alert Service Bulletin 767-25A0395, Revision 1.
Conclusion
We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 1,225 airplanes of the affected design in the
worldwide fleet. This AD affects about 355 airplanes of U.S. registry.
The actions that are required by AD 2005-12-14 and retained in this
AD take up to 6 work hours per airplane, at an average labor rate of
$80 per work hour. Based on these figures, the estimated cost of the
currently required actions for U.S. operators is $170,400, or is $480
per airplane.
The new required actions take up to 6 work hours per airplane, at
an average labor rate of $80 per work hour. The parts manufacturer
states that it will supply the required parts to operators at no cost.
Based on these figures, the estimated cost of the new actions specified
in this AD for U.S. operators is $170,400, or $480 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 AD will not have federalism
implications under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify that this AD:
(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 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 AD 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, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14130 (70 FR 34638, June 15, 2005) and by adding
the following new airworthiness directive (AD):
2008-21-05 Boeing: Amendment 39-15689. Docket No. FAA-2008-0302;
Directorate Identifier 2007-NM-323-AD.
Effective Date
(a) This AD becomes effective November 13, 2008.
Affected ADs
(b) This AD supersedes AD 2005-12-14.
Applicability
(c) This AD applies to Boeing Model 767-200, -300, and -400ER
series airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin 767-25A0395, Revision 1, dated January
25, 2007; equipped with Goodrich door-mounted escape slide/rafts
having part numbers (P/N) 5A3294-1, 5A3294-2, 5A3295-1, or 5A3295-3.
Unsafe Condition
(d) This AD results from reports of uncommanded inflation inside
the airplane
[[Page 59488]]
of a door-mounted escape slide/raft located in the passenger
compartment. We are issuing this AD to prevent injury to maintenance
personnel, passengers, and crew during otherwise normal operating
conditions and to prevent interference with evacuation of the
airplane during an emergency, due to uncommanded inflation of a
door-mounted escape slide/raft.
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.
Restatement of Certain Requirements of AD 2005-12-14
Inspection for Excessive Tension on the Firing Cable
(f) If any door-mounted escape slide/raft having any part number
specified in paragraph (c) of this AD is installed: Within 30 days
after June 30, 2005 (the effective date of AD 2005-12-14), perform a
tension check on the firing cable of the slide/raft, in accordance
with Boeing Alert Service Bulletin 767-25A0390, dated May 13, 2005.
If no excessive tension is detected, no further action is required
by this AD, except for the requirements of paragraph (i) of this AD.
Note 1: Boeing Alert Service Bulletin 767-25A0390, dated May 13,
2005, references Goodrich Alert Service Bulletin 5A3294/5A3295-
25A356, dated May 11, 2005, as an additional source of service
information.
Corrective Action for Excessive Tension on the Firing Cable
(g) If any excessive tension of the firing cable is detected,
before further flight, do the applicable corrective actions in
accordance with the Boeing Alert Service Bulletin 767-25A0390, dated
May 13, 2005.
Previous Accomplishment
(h) Inspections of the firing cables for excessive tension in
accordance with Boeing Alert Service Bulletin 767-25A0390, dated May
13, 2005, that were accomplished before June 30, 2005, are
acceptable for compliance with the requirements of paragraph (f) of
this AD, provided that any applicable corrective action was
completed.
Parts Installation
(i) As of June 30, 2005, no person may install on any airplane
any Goodrich door-mounted escape slide/raft having P/N 5A3294-1,
5A3294-2, 5A3295-1, or 5A3295-3, unless the tension of the firing
cable has been checked and the applicable corrective action
completed in accordance with Boeing Alert Service Bulletin 767-
25A0390, dated May 13, 2005, or the escape slide/raft has been
repacked in accordance with Goodrich Packing Instructions,
Evacuation Slide/Raft, Document 501636, Revision G, dated May 16,
2005; Goodrich Packing Instructions, Evacuation Slide/Raft, LH,
Document 501637, Revision E, dated May 16, 2005; or Goodrich Packing
Instructions, Evacuation Slide/Raft, RH, Document 501638, Revision
D, dated May 16, 2005; as applicable.
New Requirements of This AD
Modification
(j) Within 36 months after the effective date of this AD, do the
applicable actions specified in paragraph (j)(1) or (j)(2) of this
AD, by accomplishing all of the applicable actions specified in the
Accomplishment Instructions of the Boeing Alert Service Bulletin
767-25A0395, Revision 1, dated January 25, 2007.
(1) For Groups 1 and 2 airplanes as identified in the service
bulletin: Review the airplane maintenance records to determine if
Boeing Service Bulletin 767-25-0266 has been incorporated, or do a
general visual inspection to determine if any door-mounted escape
slide/raft having P/N 5A3294-1, 5A3294-2, 5A3295-1, or 5A3295-3 is
installed, and before further flight do all the applicable
corrective actions.
(2) For Groups 3, 4, 5, and 6 airplanes as identified in the
service bulletin: Modify the escape slide/rafts.
Note 2: Boeing Alert Service Bulletin 767-25A0395, Revision 1,
refers to Goodrich Service Bulletin 5A3294/5A3295-25-362, dated July
25, 2006, as an additional source of service information for
modifying a door-mounted escape slide/raft.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Keith Ladderud, Aerospace Engineer, Cabin Safety and
Environmental Systems Branch, ANM-150S, FAA, Seattle ACO, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6435; fax (425) 917-6590; has the authority to approve AMOCs for
this AD, if requested using 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.
(3) AMOCs approved previously in accordance with AD 2005-12-14
are approved as AMOCs for the corresponding provisions of paragraphs
(f), (g), (h), (i), and (j) of this AD.
Material Incorporated by Reference
(l) You must use Boeing Alert Service Bulletin 767-25A0390,
dated May 13, 2005; and Boeing Alert Service Bulletin 767-25A0395,
Revision 1, dated January 25, 2007; as applicable; to perform the
actions that are required by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of Boeing Alert Service Bulletin 767-
25A0395, Revision 1, dated January 25, 2007, in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
(2) On June 30, 2005 (70 FR 34638, June 15, 2005), the Director
of the Federal Register approved the incorporation by reference of
Boeing Alert Service Bulletin 767-25A0390, dated May 13, 2005.
(3) Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for a copy of this service information. You
may review copies at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at the National Archives
and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on September 26, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-23667 Filed 10-8-08; 8:45 am]
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