[Federal Register Volume 63, Number 180 (Thursday, September 17, 1998)]
[Rules and Regulations]
[Pages 49657-49659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24868]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-232-AD; Amendment 39-10765; AD 98-19-24]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200 Series Airplanes

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 757-200 series airplanes, that 
requires modification of certain passenger doors.

[[Page 49658]]

This amendment is prompted by reports that certain passenger doors 
could not be opened due to the escape slide shelf assembly and escape 
slide falling onto the girt bar lifting mechanism of the door. The 
actions specified by this AD are intended to prevent the escape slide 
shelf assembly and escape slide from falling on the girt bar of a 
passenger door due to failed rivets of the escape slide shelf assembly, 
and consequent inability to open the passenger door and to use the 
escape slide at that door during an emergency evacuation of the 
airplane.

DATES: Effective October 22, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 22, 1998.

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: Keith Ladderud, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington; telephone (425) 227-2780; 
fax (425) 227-1181.

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 certain Boeing Model 757-200 
series airplanes was published in the Federal Register on November 13, 
1997 (62 FR 60807). That action proposed to require modification of 
certain passenger doors.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Four commenters support the proposed rule.

Request To Extend Compliance Time

    Several commenters request an extension to the proposed compliance 
time; two of the commenters suggest that the compliance time be 
extended to 24 months. One commenter notes that it has a large fleet of 
affected airplanes and states that, as the manufacturer did not 
recommend any compliance time, a longer compliance time would not 
compromise safety. Another commenter states that its equivalent ``C'' 
check interval is 24 months, and requests that the compliance time be 
extended accordingly. This commenter's own investigation confirms that 
this problem has never been found on any of its affected airplanes. Yet 
another commenter expresses concern that the proposed 18-month 
compliance time would not allow sufficient time for procurement of 
parts from its supplier.
    The FAA does not concur with these requests to extend the 
compliance time. In developing an appropriate compliance time for this 
AD, the FAA considered not only the safety implications, but the 
manufacturer's recommendations, the availability of required parts, and 
the practical aspect of accomplishing the modification within an 
interval of time that parallels normal scheduled maintenance for 
affected operators. The FAA also considered the fact that Boeing 
Service Bulletin 757-25-0175, Revision 1, dated March 6, 1997 (which is 
referenced in the proposed AD as one of the appropriate sources of 
service information for accomplishment of the required actions), has 
been available to all operators of Boeing Model 757 series airplanes 
since March 1997. Therefore, the FAA considers that affected operators 
have had ample time to consider initiating those actions which this AD 
will require. However, under the provisions of paragraph (c) of the 
final rule, the FAA may consider requests for adjustments to the 
compliance time if data are submitted to substantiate that such an 
adjustment would provide an acceptable level of safety.

Request To Shorten Compliance Time

    One commenter requests that the compliance time be shortened to six 
months. This commenter states that, since the proposed modification 
appears to be simple and would not require any complex parts, the 18-
month compliance time seems to be excessive.
    The FAA does not concur with the commenter's request to reduce the 
compliance time. After consideration of all the available information, 
the FAA cannot conclude that a reduction of the proposed compliance 
time is warranted. As stated previously, in developing an appropriate 
compliance time, the FAA considered the safety implications, parts 
availability, and normal maintenance schedules for timely 
accomplishment of the modifications. To reduce the compliance time of 
the proposal would necessitate (under the provisions of the 
Administrative Procedure Act) reissuing the notice, reopening the 
period for public comment, considering additional comments received, 
and eventually issuing a final rule; the time required for that 
procedure could take several months. In light of this, and in 
consideration of the amount of time that has already elapsed since 
issuance of the original notice, the FAA has determined that further 
delay of this final rule action is not appropriate. However, if 
additional data are presented that would justify a shorter compliance 
time, the FAA may consider further rulemaking on this issue.

Request for Additional Inspections or Tests

    One commenter requests that the proposed rule be changed to add a 
rigorous rigging inspection or, even more desirable, an operational 
test of the escape slide following completion of the modification. This 
commenter notes that there have been numerous cases where a repair 
action to an emergency evacuation device has resulted in a mis-rigging 
of the device.
    The FAA does not concur. The FAA has determined, based on review of 
the relevant service information, that the instructions in Boeing 
Service Bulletin 757-25-0175 are clear and easily followed, thus 
minimizing any chance of mis-rigging. In addition, making this 
requested change would necessitate (under the provisions of the 
Administrative Procedure Act) reissuing the notice, reopening the 
period for public comment, considering additional comments received, 
and eventually issuing the final rule. As stated above, any further 
delay in issuing this final rule would be inappropriate.

Request To Revise Number of Affected Airplanes

    One commenter, the manufacturer, states that there are only 614 
airplanes in the worldwide fleet that would be affected by this rule, 
instead of the 673 airplanes that were originally estimated. The 
commenter notes that Model 757-200 freighters should not have been 
counted in the estimate, as those airplanes do not have number 1, 2, or 
4 passenger doors. The FAA concurs, and has revised the worldwide fleet 
number of affected airplanes in the cost impact information, below.

Request to Reference Revision to Service Bulletin

    The manufacturer states that it is releasing a new revision to the 
referenced service bulletin. The FAA has reviewed and approved Boeing 
Service Bulletin 757-25-0175, Revision 2, dated January 29, 1998. This 
revision to the service bulletin eliminates a

[[Page 49659]]

condition that might result in a passenger door becoming inoperable. 
Accordingly, the FAA has revised this final rule to reference Revision 
2 of the service bulletin as an appropriate source of service 
information.

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 614 Boeing Model 757-200 series airplanes 
of the affected design in the worldwide fleet. The FAA estimates that 
381 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 actions, and that the average labor rate is $60 per work hour. 
Required parts will cost approximately $234 per airplane. Based on 
these figures, the cost impact of the AD on U.S. operators is estimated 
to be $226,314, or $594 per airplane.
    The cost impact figure discussed above is 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 adding the following new 
airworthiness directive:

98-19-24  Boeing: Amendment 39-10765. Docket 96-NM-232-AD.

    Applicability: Model 757-200 series airplanes, as listed in 
Boeing Service Bulletin 757-25-0175, Revision 1, dated March 6, 
1997, 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 inability to open the Number 1, 2, or 4 passenger 
door and to use the escape slide at that door during an emergency 
evacuation of the airplane, accomplish the following:
    (a) Within 18 months after the effective date of this AD, modify 
the escape slide shelf assemblies of the Numbers 1, 2, and 4 
passenger doors in accordance with Boeing
Service Bulletin 757-25-0175, dated May 30, 1996; Boeing Service 
Bulletin 757-25-0175, Revision 1, dated March 6, 1997; or Boeing 
Service Bulletin 757-25-0175, Revision 2, dated January 29, 1998.
    (b) As of the effective date of this AD, no person shall install 
an escape slide shelf assembly having part number 416N2400-6 or 
416N2400-7 on any airplane.
    (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.

    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 actions shall be done in accordance with Boeing Service 
Bulletin 757-25-0175, dated May 30, 1996; Boeing Service Bulletin 
757-25-0175, Revision 1, dated March 6, 1997; or Boeing Service 
Bulletin 757-25-0175, Revision 2, dated January 29, 1998. 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 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 October 22, 1998.

    Issued in Renton, Washington, on September 10, 1998.
Dorenda D. Baker,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-24868 Filed 9-16-98; 8:45 am]
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