[Federal Register Volume 64, Number 112 (Friday, June 11, 1999)]
[Proposed Rules]
[Pages 31523-31525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14820]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-06-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Boeing Model 757-200 series 
airplanes, that would have required modification of the off-wing 
emergency evacuation slide system. That proposal was prompted by 
reports that a certain type of off-wing escape slide aboard several 
airplanes separated from the airplane during flight. This new action 
revises the proposed rule by expanding the applicability to include 
additional airplanes. The actions specified by this new proposed AD are 
intended to prevent separation of the emergency evacuation slide from 
the airplane, which could result in damage to the fuselage and 
unavailability of an escape slide during an emergency evacuation.

DATES: Comments must be received by July 6, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-06-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207.
    This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Keith Ladderud, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2780; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 99-NM-06-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 99-NM-06-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Boeing Model 757-200 series airplanes, was published as a 
notice of proposed rulemaking (NPRM) in the Federal Register on 
February 17, 1999 (64 FR 7827). That NPRM would have required 
modification of the off-wing emergency evacuation slide system. That 
NPRM was prompted by reports that a certain type of off-wing escape 
slide aboard several airplanes deployed and separated from the airplane 
during flight. Such separation of the emergency evacuation slide from 
the airplane could result in damage to the fuselage and unavailability 
of an escape slide during an emergency evacuation.

Actions Since Issuance of Previous Proposal

    Due consideration has been given to the comments received in 
response to the NPRM.

Request to Expand Applicability

    One commenter requests that the applicability of the proposed rule 
be revised to add Boeing Model 757-300 series airplanes. The commenter 
states that the effectivity listing in Boeing Service Bulletin 757-25-
0200, dated January 21, 1999 (which is cited in the proposal as an 
appropriate source of service information for accomplishment of the 
actions specified), is applicable to both Model 757-200 and -300 series 
airplanes.

[[Page 31524]]

    The FAA concurs with the commenter's request, having determined 
that the effectivity listing in the service bulletin referenced by the 
commenter does indeed include Model 757-300 series airplanes. The 
applicability and cost impact information of this supplemental NPRM has 
been revised accordingly.

Request to Revise Certain Wording

    In addition, the FAA has received a comment requesting that the 
word ``deployed'' be removed from the sentence in the preamble that 
currently reads, ``This proposal is prompted by reports that a certain 
* * * escape slide * * * deployed and separated from the airplane 
during flight.'' The commenter considers the word ``deployed'' to imply 
that the off-wing escape slide inflated. The commenter reports that, in 
all such cases where the off-wing slide was lost, it did not inflate 
but rather rotated out of its storage compartment and departed the 
airplane either in its packed configuration or in an unfurled 
condition.
    The FAA concurs with the commenter's request. The purpose of the 
quoted statement is to explain the event that caused the unsafe 
condition. In light of the fact that the cause of the unsafe condition 
was inaccurately described, this supplemental NPRM has been revised to 
remove the word ``deployed'' from the summary section of the preamble.

Conclusion

    Since adding airplanes to the applicability of this supplemental 
NPRM expands the scope of the originally proposed rule, the FAA has 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for public comment.

Cost Impact

    There are approximately 503 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 441 airplanes of U.S. registry 
would be affected by this proposed AD.
    For airplanes identified in Boeing Service Bulletin 757-25-0182, 
Revision 1 (301 U.S.-registered airplanes), it would take approximately 
40 work hours per airplane to accomplish the proposed modification of 
the door latch system, at an average labor rate of $60 per work hour. 
Required parts would cost approximately $1,450 per airplane. Based on 
these figures, the cost impact of the proposed modification on U.S. 
operators is estimated to be $1,158,850, or $3,850 per airplane.
    For airplanes identified in Boeing Service Bulletin 757-25-0200 
(441 U.S.-registered airplanes), it would take approximately 4 work 
hours to accomplish the proposed installation of the bumper assembly 
and placards, at an average labor rate of $60 per work hour. Required 
parts would cost approximately $457 per airplane. Based on these 
figures, the cost impact of the proposed installation on U.S. operators 
is estimated to be $307,377, or $697 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed 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 proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Boeing: Docket 99-NM-06-AD.

    Applicability: Model 757-200 and -300 series airplanes equipped 
with off-wing emergency evacuation slides, as listed in Boeing 
Service Bulletin 757-25-0182, Revision 1, dated June 12, 1997, or 
Boeing Service Bulletin 757-25-0200, dated January 21, 1999; 
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 (b) 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 separation of the emergency evacuation slide from the 
airplane, which could result in damage to the fuselage and 
unavailability of an escape slide during an emergency evacuation, 
accomplish the following:

Modification

    (a) Within 18 months after the effective date of this AD: Modify 
the left and right off-wing emergency evacuation slide systems by 
accomplishment of paragraph (a)(1) or (a)(2) of this AD, as 
applicable.
    (1) For airplanes listed in Boeing Service Bulletin 757-25-0182, 
Revision 1, dated June 12, 1997: Modify the door latch system of the 
left and right off-wing emergency evacuation slide systems in 
accordance with the service bulletin.

    Note 2: Modification of the door latch system of the off-wing 
emergency evacuation slide system, prior to the effective date of 
this AD, in accordance with Boeing Service Bulletin 757-25-0182, 
dated October 10, 1996, is considered acceptable for compliance with 
paragraph (a)(1) of this AD.

    (2) For airplanes listed in Boeing Service Bulletin 757-25-0200, 
dated January 21, 1999: Install a bumper assembly on the bottom of 
the left and right off-wing escape slide carriers, and install new 
placards in the area of the maintenance access door, in accordance 
with the service bulletin.

Alternative Methods of Compliance

    (b) 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

[[Page 31525]]

appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Seattle ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (c) 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.

    Issued in Renton, Washington, on June 4, 1999.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-14820 Filed 6-10-99; 8:45 am]
BILLING CODE 4910-13-P