[Federal Register Volume 69, Number 152 (Monday, August 9, 2004)]
[Rules and Regulations]
[Pages 48129-48131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-17983]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 69, No. 152 / Monday, August 9, 2004 / Rules
and Regulations
[[Page 48129]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-151-AD; Amendment 39-13766; AD 2004-16-10]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200 and -300 Series
Airplanes Equipped With Off-Wing Escape Slides
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
equipped with off-wing escape slides, that requires an inspection of
the door-opening actuators for the off-wing slide compartment on the
right and left sides of the airplane to determine the actuator
cartridge serial number, and corrective actions, if necessary. This
action is necessary to prevent the door-opening actuators for the off-
wing slide compartment from not firing, which could cause the door to
open improperly and prevent the deployment of the off-wing escape
slide, leading to the loss of an evacuation route. This action is
intended to address the identified unsafe condition.
DATES: Effective September 13, 2004.
The incorporation by reference of a certain publication listed in
the regulations is approved by the Director of the Federal Register as
of September 13, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207; and Universal Propulsion Company, Inc. (formerly
OEA Inc.), P.O. Box KK, Highway 12, Explosive Technology Rd.,
Fairfield, California 94533-0659. 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 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/code_
of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Susan Rosanske, Cabin Safety &
Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6448; fax (425) 917-6590.
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 all Boeing Model 767-200 and -300
series airplanes was published in the Federal Register on February 6,
2004 (69 FR 5783). That action proposed to require an inspection of the
actuators for the off-wing slide compartment door on the right and left
sides of the airplane to determine the actuator cartridge serial
number, and corrective actions, if necessary.
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.
Agreement With the Proposed Rule
Several commenters agree with the proposed rule.
Request To Revise Applicability
One commenter requests to revise the applicability of the proposed
rule to exclude airplanes that have been converted to freighters
without off-wing escape slides and airplanes on which the off-wing
escape system has been removed or deactivated. The commenter states
that airplanes that have the off-wing escape system removed or
deactivated are not subject to the requirements of the proposed rule.
The commenter contends that operators will need to request an
alternative method of compliance to clarify applicable airplanes and,
therefore, will tie up FAA resources. The commenter concludes that
clarifying the applicability in the proposed AD will make the
rulemaking process less burdensome.
We agree in part with the commenter. We agree that the
applicability of the proposed rule should be revised to clarify that
airplanes not equipped with off-wing escape systems are not subject to
the final rule. We have revised the applicability of the final rule as
follows: ``Model 767-200 and -300 series airplanes equipped with off-
wing escape slides; certificated in any category.'' However, we do not
agree to revise the applicability to exclude airplanes with deactivated
off-wing escape systems. Due to the safety implications and the variety
of methods the off-wing escape systems may be deactivated, airplanes
with deactivated off-wing escape systems are subject to the final rule.
However, paragraph (d) of the final rule provides affected operators
the opportunity to apply for approval of an alternative method of
compliance if the operator also presents data that justify the request.
Request To Revise Number of Affected Airplanes
One commenter requests that the number of airplanes of the affected
design in the worldwide fleet specified in the ``Cost Impact''
paragraph of the proposed rule be revised. The commenter contends that
the affected number of airplanes worldwide is 690 and not 829 as stated
in the proposed rule. The commenter notes that the effectivity is line
numbers 2 through 920. The commenter states that after excluding Model
767-400ER, 767-300F, and 767-300 airplanes without off-wing escape
slides, the resulting number of affected airplanes is approximately
690.
We agree that the number of affected airplanes worldwide in the
``Cost Impact'' paragraph of the final rule should be revised. However,
we do not agree with the specific change requested by the commenter to
revise the number to 690. As stated earlier, the applicability of this
final rule has been clarified to ``Model 767-200 and -300 series
airplanes equipped with off-wing escape slides. * * *'' The airplane
models affected by this final rule have continued to be manufactured
and modified since the issuance of the
[[Page 48130]]
proposed rule. Therefore we revised the number of affected airplanes
specified in the ``Cost Impact'' paragraph of the final rule from 829
to 696 airplanes in the worldwide fleet, and the number of airplanes of
U.S. registry from 346 to 297.
Request To Revise Work Hours
The same commenter also requests that the work hours in the ``Cost
Impact'' paragraph of the proposed AD be revised from 6 to 8.75. The
commenter points out that Boeing Special Attention Service Bulletin
767-25-0299, dated January 18, 2001, specifies 8 work hours per
airplane to accomplish the service bulletin and the commenter estimates
0.75 work hour per airplane to accomplish the cartridge inspection per
the OEA Aerospace, Inc. Service Bulletin 5262 (02) SB (NC), dated
October 2, 2000.
We do not agree with the commenter's request to revise the work
hours in the ``Cost Impact'' paragraph of the final rule. The 8 work
hours specified in the Boeing service bulletin includes ``incidental''
costs, and the work hours estimated for the OEA service bulletin are
for an ``on-condition'' action. The cost impact figures discussed in AD
rulemaking actions represent only the time necessary to perform the
specific actions actually required by the AD. We recognize that
operators may incur ``incidental'' costs in addition to ``direct''
costs. However cost analysis of the AD does not typically include
``incidental costs,'' such as the time required to gain access and
close up, planning time, or time necessitated by other administrative
actions. We also do not consider the costs of ``on-condition'' actions
(that is, actions needed to correct an unsafe condition) because,
regardless of AD direction, those actions would be required to correct
an unsafe condition identified in an airplane and ensure operation of
that airplane in an airworthy condition, as required by the Federal
Aviation Regulations.
For clarification of the ``on-condition'' actions, we have revised
the ``Cost Impact'' paragraph of the final rule to show the cost of the
``on-condition'' inspection and replacement of the actuator cartridge
in addition to the ``direct costs'' of the required inspection of the
door-opening actuators for the off-wing slide compartment.
Request To Clarify Certain Wording
One commenter requests to revise certain wording in the
``Explanation of Relevant Service Information'' paragraphs of the
proposed rule and in the body of the proposed rule. The commenter
suggests changing ``actuators for the off-wing slide compartment door''
to ``door opening actuators for the off-wing slide compartment'' in
order to clearly identify that the door-opening actuator is affected
instead of the door latch opening actuators. In addition, the commenter
suggests changing ``actuators of the off-wing slide compartment door''
to ``actuators for the off-wing slide compartment door'' for clarity.
The commenter also suggests that the words ``additional source'' be
replaced with ``detailed sources'' in the paragraphs describing the OEA
service bulletin because the OEA service bulletin contains the detailed
steps for actuator cartridge inspection after removal from the
airplane.
We agree that revising the wording suggested by the commenter would
provide clarification of affected actuators and the referenced service
bulletin. However, the ``Explanation of Relevant Service Information''
paragraph is not restated in the final rule so no change is made in
this regard. To clarify that the door-opening actuator is affected
instead of the door latch opening actuators, we have revised the
wording ``actuator(s) for the off-wing slide compartment door'' in the
preamble and body of the final rule to ``door-opening actuator(s) for
the off-wing slide compartment.'' We also revised Note 1 of the final
rule to state ``* * * as an additional detailed source of service
information * * *'' to clarify the reference to the OEA service
bulletin.
Request for Credit for Previous Accomplishment
One commenter requests credit for previous accomplishment of the
inspections per Boeing Special Attention Service Bulletin 767-25-0299,
dated January 18, 2001.
We agree that credit should be given for previous accomplishment of
the inspections per the Boeing service bulletin. However, we do not
need to clarify this in the final rule because credit is already given.
Operators are always given credit for work previously performed by
means of the phrase in the compliance section of the AD that states,
``Compliance: Required as indicated, unless accomplished previously.''
Therefore, inspections accomplished prior to the effective date of the
final rule per Boeing Special Attention Service Bulletin 767-25-0299,
dated January 18, 2001 (listed as the source of service information for
the final rule), are acceptable for compliance with the inspections of
the final rule. We have not changed the final rule regarding this
issue.
Conclusion
After careful review of the available data, including the comments
noted above, we have determined that air safety and the public interest
require the adoption of the rule with the changes previously described.
We have 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 696 airplanes of the affected design in the
worldwide fleet. We estimate that 297 airplanes of U.S. registry will
be affected by this AD, that it will take approximately 6 work hours
per airplane to accomplish the required inspection of the door-opening
actuators for the off-wing slide compartment, and that the average
labor rate is $65 per work hour. Based on these figures, the cost
impact of the AD on U.S. operators is estimated to be $115,830, or $390
per airplane.
Inspection of the actuator cartridge, if required, will take
approximately 1 work hour to accomplish, and the average labor rate is
$65 per work hour. Based on these figures, the cost impact of the
inspection on U.S. operators is estimated to be $65 per actuator
cartridge.
Replacement of the actuator cartridge, if required, will take
approximately 1 work hour per airplane to accomplish, and the average
labor rate is $65 per work hour. Based on these figures, the cost
impact of the replacement on U.S. operators is estimated to be $65 per
actuator cartridge.
The 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 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 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
[[Page 48131]]
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 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
0
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
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. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-16-10 Boeing: Amendment 39-13766. Docket 2002-NM-151-AD.
Applicability: Model 767-200 and -300 series airplanes equipped
with off-wing escape slides; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the door-opening actuators for the off-wing slide
compartment from not firing, which could cause the door to open
improperly and prevent the deployment of the off-wing escape slide,
leading to the loss of an evacuation route, accomplish the
following:
Inspection and Corrective Action
(a) Within two years after the effective date of this AD, do an
inspection of the door-opening actuators for the off-wing slide
compartment on the right and left sides of the airplane to determine
the actuator cartridge serial number, in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 767-25-0299, dated January 18, 2001.
(b) If any actuator cartridge having serial numbers 5481 through
5741 inclusive is found during the inspection required by paragraph
(a) of this AD: Before further flight, perform the actions specified
in paragraphs (b)(1) through (b)(3) of this AD in accordance with
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 767-25-0299, dated January 18, 2001.
(1) Remove the door-opening actuator for the off-wing slide
compartment.
(2) Perform an inspection of the actuator cartridge for the
presence of a clearance hole and corrective actions, if necessary
(includes replacing the actuator cartridge with a new actuator
cartridge or a serviceable actuator cartridge from a recharge kit).
(3) Install the door-opening actuator for the off-wing slide
compartment.
Note 1:
Boeing Special Attention Service Bulletin 767-25-0299, dated
January 18, 2001, references OEA Aerospace, Inc. Service Bulletin
5262 (02) SB (NC), dated October 2, 2000, as an additional detailed
source of service information for performing the inspection of the
actuator cartridge and corrective actions.
Parts Installation
(c) As of the effective date of this AD, no person shall
install, on any airplane, an actuator for the off-wing escape slide
having OEA part number 5262200 cartridge assembly, with actuator
cartridge serial numbers 5481 through 5741 inclusive, that does not
have a clearance hole between the two firing pins.
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, Seattle
Aircraft Certification Office, FAA, is authorized to approve
alternative methods of compliance for this AD.
Incorporation by Reference
(e) The actions shall be done in accordance with Boeing Special
Attention Service Bulletin 767-25-0299, dated January 18, 2001. 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 Airplanes, 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 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/code_of_federal_regulations/
ibr_locations.html.
Effective Date
(f) This amendment becomes effective on September 13, 2004.
Issued in Renton, Washington, on July 29, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-17983 Filed 8-6-04; 8:45 am]
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