[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)] [Rules and Regulations] [Pages 6455-6457] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-3027] [[Page 6455]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 95-NM-226-AD; Amendment 39-9924; AD 97-03-19] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This amendment supersedes an existing airworthiness directive (AD), applicable to certain Boeing Model 747 and 767 series airplanes, that currently requires inspection of the door opening thrusters and door opening/snubbing actuators for proper oil quantity, and modification of the off-wing compartment latching assemblies. This amendment adds a requirement for replacement of the currently installed door opening thrusters with new, improved thrusters for Model 747 series airplanes. This amendment also removes Model 767 series airplanes from the applicability of the AD, since those airplanes are addressed currently in a separate AD. This amendment is prompted by reports indicating that the requirements of the existing AD do not adequately detect leakage of fluid from the actuators. The actions specified by this AD are intended to prevent such leakage, which could result in failure of the escape slide to deploy; such failure could delay and possibly jeopardize the successful emergency evacuation of an airplane. DATES: Effective March 19, 1997. The incorporation by reference of Boeing Service Bulletin 747-25- 3073, dated September 21, 1995, as listed in the regulations, is approved by the Director of the Federal Register as of March 19, 1997. The incorporation by reference of certain other publications listed in the regulations was approved previously by the Director of the Federal Register as of November 25, 1992 (57 FR 47987, October 21, 1992). ADDRESSES: The service information referenced in this AD may be obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-2207; and OEA Aerospace Inc., P.O. Box KK, Hwy. 12, Explosive Technology Road, 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 Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Gregory L. Schneider, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington; telephone (206) 227-2028; fax (206) 227-1181. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) by superseding AD 92-16-17, amendment 39-8327 (57 FR 47987, October 21, 1992), which is applicable to certain Boeing Model 747 and 767 series airplanes, was published in the Federal Register on June 26, 1996 (61 FR 33050). The action proposed to continue to require repetitive inspections of the door opening thrusters and door opening/snubbing actuators for proper oil quantity, and modification of the off-wing compartment latching assemblies for Model 747 series airplanes. For those airplanes, the action proposed to add a requirement for replacement of existing door opening thrusters with new, improved thrusters. Additionally, the action proposed to remove Model 767 series airplanes from the applicability of AD 92-16-17, since those airplanes are addressed currently by AD 95-08-11, amendment 39-9200 (60 FR 20013). 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 Proposal Two commenters support the proposed rule. Request To Revise Description of Effect of Required Actions One commenter requests that Summary section of the preamble to the proposal be revised to replace the word ``preclude'' with the word ``detect'' in the following sentence that appeared in that section: ``This proposal is prompted by reports indicating that the requirements of the existing AD do not adequately preclude leakage of fluid from the actuators.'' The commenter indicates that the actions required by AD 95-08-11 do not ``preclude'' fluid leakage; rather, they provide a means of detecting decreased fluid quantities in an effort to prevent failure of the escape slide to deploy. The FAA concurs with the commenter's request and justification, and has revised the Summary section of this final rule accordingly. Request To Explain Removal of Certain Airplanes From Applicability The same commenter requests that the Summary section of the preamble to the proposal be revised to specify that the new AD action would remove Model 767 series airplanes from the applicability of AD 92-16-17, since those airplanes are addressed currently by AD 95-08-11. The commenter notes that the existing AD is, in effect, being superseded by two AD's, one for each airplane model. The clarification will direct operators of Model 767 series airplanes to the appropriate AD. The FAA does not consider that additional clarification is necessary. This issue was discussed in detail elsewhere in the preamble to the proposal. Such detail is unnecessary in the Summary section to a rule, since that section is intended to provide only a synopsis of the proposed or required actions. Further, since operators of Model 767 airplanes are no longer subject to this AD, there is no reason to address those operators further in this final rule. Request To Remove Paragraph (d) From the Proposal The Air Transport Association (ATA) of America, on behalf of one of its members, requests that the FAA remove paragraph (d) from the proposal, which would require that all spare parts be modified as of the effective date of the final rule. The ATA states that inclusion of that paragraph would place an unnecessary burden on operators of Model 747 series airplanes. The commenter points out that AD 95-08-11 provides operators of Model 767 series airplanes an interval of two years to modify uninstalled actuators. The ATA maintains that there is no need to create different compliance periods between installed and uninstalled components, except where results of a risk assessment support two compliance periods. The commenter concludes that proposed paragraph (d) is unnecessary since paragraph (c) requires that all airworthy units, installed and uninstalled, be modified within two years. The FAA concurs partially. First, the FAA does not agree that paragraph (d) should be removed from this final rule altogether. The FAA finds that paragraph (d) must be included in the AD to ensure that only new, improved door opening thrusters (that are not fluid filled) are installed on the affected airplanes. However, upon reconsideration of the compliance time proposed in that paragraph, the FAA finds that it is appropriate to revise the [[Page 6456]] compliance time for paragraph (d) of this final rule so that is parallel to a similar paragraph in AD 95-08-11, which addresses these same components for Model 767 series airplanes. Accordingly, paragraph (d) of this final rule has been revised to specify that only new, improved door opening thrusters shall be installed on the affected airplanes as of two years after the effective date of this AD. This revision will also preclude the potential for any parts availability problem that may arise in the interim. Second, the FAA must clarify for this commenter that neither paragraph (c) nor paragraph (d) of this AD address ``uninstalled'' components. Part 39 of the Federal Aviation Regulations (14 CFR part 39) precludes AD actions taken to address components that are not currently installed on the airplane (or product). Therefore, the FAA cannot require via an AD that operators inspect, repair, or modify a ``spare part'' (i.e., currently in an operator's parts inventory). However, the FAA can ensure, via a requirement such as that specified in paragraph (d) of this AD, that any spare part is inspected, repaired, or modified prior to it being installed on an airplane. Accordingly, paragraphs (c) and (d) of this AD do not require that any action to be taken on ``uninstalled'' parts (spares). The requirements of those paragraphs only specify that, whenever a door opening thruster is to be installed on an airplane now or in the future, that thruster must be an improved model. Request To Reference Additional Service Information One commenter requests that the proposal be revised to cite the following service bulletin revisions, which have been reviewed and approved by the FAA, as additional sources of appropriate service information:Boeing Service Bulletin 747-25-3073, Revision 1, dated August 1, 1996. Boeing Service Bulletin 747-25-2951, Revision 1, dated May 13, 1993. Boeing Service Bulletin 747-25-2951, Revision 2, dated September 30, 1993. OEA Service Bulletin 2174200-25-013, Revision 1, dated September 14, 1993. OEA Service Bulletin 2174200-25-013, Revision 2, dated November 1, 1993. OEA Service Bulletin 2174200-25-013, Revision 3, dated January 13, 1994. The FAA agrees that the service bulletins listed above, with the exception of Boeing Service Bulletin 747-25-3073, Revision 1, dated August 1, 1996, should be referenced in the final rule. The FAA has confirmed that Boeing has not yet released Revision 1 of Service Bulletin 747-25-3073 due to changes in the engineering aspects prior to receipt of FAA approval of that service bulletin. However, Boeing advises that it plans to issue Revision 1 of that service bulletin in early 1997 and, subsequently, will request approval of it as an alternative method of compliance with this AD. The FAA has revised the final rule to add new NOTES 2 and 3, which specify that accomplishment of the actions required by this AD in accordance with the last five service bulletins listed above is acceptable for compliance with the requirements of this AD. Request To Add Address To Obtain Service Information One commenter requests that the FAA revise the Addresses section of the preamble to the proposal to include the address for OEA Aerospace Inc., since an OEA service bulletin is cited in the proposal. The FAA concurs. The address for OEA was omitted inadvertently from the proposal, but has been included in this final rule. 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 400 Model 747 series airplanes of the affected design in the worldwide fleet. The FAA estimates that 125 airplanes of U.S. registry will be affected by this proposed AD. The actions that are currently required by AD 92-16-17 and retained in this new AD take approximately 12 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Required parts cost approximately $510 per airplane. Based on these figures, the cost impact on U.S. operators of the actions currently required is estimated to be $153,750, or $1,230 per airplane. The new actions that are required by this new AD will take approximately 2 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Required parts will cost approximately $6,400 per airplane. Based on these figures, the cost impact on U.S. operators of the new requirements of this AD is estimated to be $815,000, or $6,520 per airplane. 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. Regulatory Impact 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. 106(g), 40113, 44701. Sec. 39.13 [Amended] 2. Section 39.13 is amended by removing amendment 39-8327 (57 FR 47987, October 21, 1992), and by adding [[Page 6457]] a new airworthiness directive (AD), amendment 39-9924, to read as follows: 97-03-19 BOEING: Amendment 39-9924. Docket 95-NM-226-AD. Supersedes AD 92-16-17, Amendment 39-8327. Applicability: Model 747-100, -200, and -300 series airplanes equipped with an off-wing, two-piece escape slide on Door 3; certificated in any category. 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 (e) 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 failure of the escape slide to deploy, which could delay and possibly jeopardize the successful emergency evacuation of an airplane, accomplish the following: (a) Within 18 months after November 25, 1992 (the effective date of AD92-16-17, amendment 39-8327), perform an inspection of the door opening thrusters of the escape system in accordance with OEA Service Bulletin 2174200-25-013, dated July 29, 1991. Repeat this inspection thereafter at intervals not to exceed 20 months until the replacement required by paragraph (c) of this AD is accomplished. Note 2: Inspections accomplished in accordance with OEA Service Bulletin 2174200-25-013, Revision 1, dated September 14, 1993; Revision 2, dated November 1, 1993; or Revision 3, dated January 13, 1994; are considered acceptable for compliance with the inspections specified in paragraph (a) of this AD. (b) Within 18 months after November 25, 1992, inspect and modify the door latching mechanism of the escape slide compartment in accordance with Boeing Service Bulletin 747-25-2951, dated August 15, 1991. Note 3: Inspections and modifications accomplished in accordance with Boeing Service Bulletin 747-25-2951, Revision 1, dated May 13, 1993; or Revision 2, dated September 30, 1993; are considered acceptable for compliance with the applicable action specified in paragraph (b) of this AD. (c) Within 2 years after the effective date of this AD, replace the door opening thrusters having part number (P/N) 60B50077-14 or - 17 with new thrusters having P/N 60B50077-19 in accordance with Boeing Service Bulletin 747-25-3073, dated September 21, 1995. Accomplishment of this replacement terminates the repetitive inspections required by this AD. (d) As of 2 years after the effective date of this AD, only door opening thrusters having P/N 60B50077-19 shall be installed on any airplane. (e) 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. (f) 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. (g) The inspections and modification shall be done in accordance with OEA Service Bulletin 2174200-25-013, dated July 29, 1991; and Boeing Service Bulletin 747-25-2951, dated August 15, 1991. The incorporation by reference of those documents 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 November 25, 1992 (57 FR 47987, October 21, 1992). The replacement shall be done in accordance with Boeing Service Bulletin 747-25-3073, dated September 21, 1995. The incorporation by reference of that document 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; and OEA Aerospace Inc., P.O. Box KK, Hwy. 12, Explosive Technology Road, Fairfield, California 94533-0659. 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. (h) This amendment becomes effective on March 19, 1997. Issued in Renton, Washington, on January 31, 1997. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 97-3027 Filed 2-11-97; 8:45 am] BILLING CODE 4910-13-U