[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Proposed Rules]
[Pages 33443-33445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15928]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-226-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-200 Series Airplanes 
Modified in Accordance With Supplemental Type Certificate (STC) 
ST00969AT

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 737-200 
series airplanes. This proposal would require removal of the existing 
emergency floor path lighting system and replacement with an FAA-
approved emergency floor path lighting system. This proposal is 
prompted by information indicating that the existing emergency floor 
path lighting system does not provide adequate lighting and cueing for 
safe evacuation of the airplane in the event of an emergency. The 
actions specified by the proposed AD are intended to prevent such 
inadequate lighting and cueing, which could delay or impede the flight 
crew and passengers when exiting the airplane during an emergency.

DATES: Comments must be received by August 9, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-226-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.
    This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, 
Small Airplane Directorate, Campus Building, 1701 Columbia Avenue, 
Suite 2-160, College Park, Georgia.

FOR FURTHER INFORMATION CONTACT: Angela Compton, Aerospace Engineer, 
ACE-116A, FAA, Small Airplane Directorate, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6070; fax (770) 703-
6097.

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,

[[Page 33444]]

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 96-NM-226-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-103, Attention: Rules 
Docket No. 96-NM-226-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received information indicating that the 
photoluminescent emergency floor path lighting system installed on 
Boeing Model 737-200 series airplanes that have been modified in 
accordance with Supplemental Type Certificate (STC) ST00969AT does not 
provide adequate lighting and cueing for safe evacuation of the 
airplane in the event of an emergency. (This STC entails the 
installation of a SAF-T-GLO Aerospace Limited emergency floor path 
lighting system.)
    As specified in section 121.310(c)(3) of the Federal Aviation 
Regulations (14 CFR 121.310), airplanes that are type certificated 
after January 1, 1958, must, after November 26, 1986, include floor 
proximity emergency escape path marking requirements which meet the 
requirements of section 25.812(e) of this chapter that were in effect 
on November 26, 1994. Investigation revealed that the system does not 
comply with the certification requirements specified in section 25.812 
as of November 26, 1994.
    Such inadequate lighting and cueing of the escape path, if not 
corrected, could impede or delay the flight crew and passengers when 
exiting the airplane during an emergency.

Issuance of New Design Information

    The FAA received an application for a type design change and has 
issued Supplemental Type Certification (STC) ST01829AT, dated February 
11, 1999. The STC describes the installation of SAF-T-GLO Aerospace 
Limited's photoluminescent floor proximity emergency escape path 
marking system (FPEEPMS), which is a hybrid photoluminescent system 
that incorporates both electrical and photoluminescent parts.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require removal of the existing emergency floor path 
lighting system and replacement with an FAA-approved emergency floor 
path lighting system.

Cost Impact

    There are approximately 40 Boeing Model 737-200 series airplanes of 
the affected design in the worldwide fleet. The FAA estimates that 4 
airplanes of U.S. registry would be affected by this proposed AD, that 
it would take approximately 12 work hours per airplane to accomplish 
the removal of the system, and at an average labor rate of $60 per work 
hour. It would take approximately 40 work hours per airplane to 
accomplish the proposed replacement with an FAA-approved system. 
Required parts for the replacement would cost approximately $10,000 for 
a new system, per airplane. Based on these figures, the cost impact of 
the proposed AD on U.S. operators is estimated to be $524,800, or 
$13,120 per airplane.
    The cost impact figure discussed above is 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 96-NM-226-AD.

    Applicability: Model 737-200 series airplanes equipped with SAF-
T-GL0 Aerospace Limited emergency floor path lighting systems 
installed in accordance with Supplemental Type Certificate (STC) 
ST00969AT, 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 (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 inadequate lighting and cueing of the emergency floor 
path lighting system, which could delay or impede the flight crew 
and passengers when exiting the airplane during an emergency, 
accomplish the following:
    (a) Within 120 days after the effective date of this AD, remove 
the existing photoluminescent emergency floor path lighting system 
from the airplane. Replace it with an emergency floor path lighting 
system in accordance with Supplemental Type Certificate ST01829AT, 
dated February 11, 1999, or an FAA-approved emergency floor path 
lighting system that is installed in accordance with a method 
approved by the Manager, Atlanta Aircraft Certification Office 
(ACO), FAA, Small Airplane Directorate.

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    (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, Atlanta ACO. Operators shall submit 
their requests through an appropriate FAA Principal Maintenance 
Inspector, who may add comments and then send it to the Manager, 
Atlanta ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (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 17, 1999.
Dorenda D. Baker,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-15928 Filed 6-22-99; 8:45 am]
BILLING CODE 4910-13-U