Airworthiness Directives; Boeing Model 767 Series Airplanes Equipped with Over-Wing Escape Slides

[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Rules and Regulations]
[Pages 37936-37938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17031]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-08-AD; Amendment 39-9304; AD 95-15-01]


Airworthiness Directives; Boeing Model 767 Series Airplanes 
Equipped with Over-Wing Escape Slides

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Boeing Model 767 series airplanes equipped 
with over-wing escape slides, that currently requires modification of 
the trailing edge panels and the aft flaps. That amendment was prompted 
by the results of functional tests of over-wing escape slides, which 
revealed that some slides were damaged when they were deployed across 
sharp corners on the trailing edge of the wing and the large gaps 
between the trailing edge panels of the wing. This amendment expands 
the applicability of the existing AD to include additional airplanes. 
The actions specified by this AD are intended to prevent damage to the 
over-wing escape slide, which could hinder inflation of the slide to a 
usable configuration during an emergency evacuation.

DATES: Effective August 24, 1995.
    The incorporation by reference of Boeing Service Bulletin 767-57-
0043, Revision 3, dated February 2, 1995, as listed in the regulations, 
is approved by the Director of the Federal Register as of August 24, 
1995.
    The incorporation by reference of certain other publications listed 
in the regulations was approved previously by the Director of the 
Federal Register as of January 31, 1994 (58 FR 69221, December 30, 
1993).

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), 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: Dorothy Lundy, Aerospace Engineer, 
ANM-120S, Airframe Branch, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (206) 227-1675; fax (206) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 93-25-06, 
amendment 39-8772 (58 FR 69221, December 30, 1993), which is applicable 
to certain Boeing Model 767 series airplanes equipped with over-wing 
escape slides, was published in the Federal Register on April 3, 1995 
(60 FR 

[[Page 37937]]
16817). That action proposed to continue to require modification of the 
trailing edge panels and the aft flaps. The action also proposed to 
revise the applicability of the existing rule to include additional 
airplanes.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    The commenter requests that the FAA revise the term ``serial 
numbers'' to ``line numbers'' in paragraphs (a) and (b) of the 
proposal. The FAA concurs. The FAA has determined that the commenter's 
wording is more accurate, and has revised the final rule accordingly.
    The commenter requests that the FAA revise paragraph (b) of the 
proposal to include Boeing Service Bulletin 767-57-0043, Revision 1, 
dated May 6, 1993, and Revision 2, dated September 16, 1993, as 
additional sources of service information. The commenter states that 
the modification procedures described in those revisions are identical 
to those described in Revision 3 of Boeing Service Bulletin 767-57-
0043, dated February 2, 1995 [referenced in paragraph (b) of the 
proposal as the appropriate source of service information.] The FAA has 
reviewed Revision 1 and Revision 2 of Boeing Service Bulletin 767-57-
0043 and has determined that the modification procedures described in 
those service bulletins are essentially identical to Revision 3 of the 
Boeing service bulletin. Revision 3 of the Boeing service bulletin only 
revises the effectivity listing to include additional airplanes. 
Therefore, the FAA has revised paragraph (b) of the final rule to 
reference Revision 1 and Revision 2 of Boeing Service Bulletin 767-57-
0043 as additional sources of service information.
    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.
    There are approximately 542 Model 767 series airplanes equipped 
with over-wing escape slides of the affected design in the worldwide 
fleet. The FAA estimates that 178 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 40 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Required parts will be supplied by the 
manufacturer at no cost to the operators. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$427,200, or $2,400 per airplane.
    However, approximately 166 U.S.-registered airplanes previously 
were required by AD 93-25-06 to accomplish the subject modification. 
This AD will affect only 12 additional U.S.-registered airplanes. 
Therefore, the cost to modify these 12 newly added airplanes is 
estimated to be $28,800, or $2,400 per airplane.
    The total cost impact figures discussed above are 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.
    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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 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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-8772 (58 FR 
69221, December 30, 1993), and by adding a new airworthiness directive 
(AD), amendment 39-9304, to read as follows:

    95-15-01  Boeing: Amendment 39-9304. Docket 95-NM-08-AD. 
Supersedes AD 93-25-06, Amendment 39-8772.

    Applicability: Model 767 series airplanes, having line positions 
1 through 542 inclusive, and equipped with over-wing escape slides; 
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 use the authority 
provided in paragraph (c) of this AD to request approval from the 
FAA. This approval may address either no action, if the current 
configuration eliminates the unsafe condition; or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent damage to the over-wing escape slide, which could 
hinder inflation of the slide to a usable configuration during an 
emergency evacuation, accomplish the following:
    (a) For airplanes having line numbers 1 through 476 inclusive: 
Within 15 months after January 31, 1994 (the effective date of AD 
93-25-06, amendment 39-8772), modify the trailing edge panels and 
the aft flaps, in accordance with Boeing Service Bulletin 767-57-
0043, Revision 1, dated May 6, 1993; Revision 2, dated September 16, 
1993; or Revision 3, dated February 2, 1995.
    (b) For airplanes having line numbers 477 through 542 inclusive: 
Within 15 months after the effective date of this AD, modify the 
trailing edge panels and the aft flaps, in accordance with Boeing 
Service Bulletin 767-57-0043, Revision 1, dated May 6, 1993; 
Revision 2, dated September 16, 1993; or Revision 3, dated February 
2, 1995.
    (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.


[[Page 37938]]

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

    (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.
    (e) The modifications shall be done in accordance with Boeing 
Service Bulletin 767-57-0043, Revision 1, dated May 6, 1993; Boeing 
Service Bulletin 767-57-0043, Revision 2, dated September 16, 1993; 
or Boeing Service Bulletin 767-57-0043, Revision 3, dated February 
2, 1995; as applicable. The incorporation by reference of Boeing 
Service Bulletin 767-57-0043, Revision 3, dated February 2, 1995, is 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. The incorporation by reference of 
the remainder of the service documents listed above was approved 
previously by the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51 as of January 31, 1994 (58 FR 
69221, December 30, 1993). 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.
    (f) This amendment becomes effective on August 24, 1995.

    Issued in Renton, Washington, on July 6, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-17031 Filed 7-24-95; 8:45 am]
BILLING CODE 4910-13-U

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