[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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