[Federal Register Volume 67, Number 207 (Friday, October 25, 2002)]
[Rules and Regulations]
[Pages 65493-65495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27080]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-392-AD; Amendment 39-12921; AD 2002-21-14]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200, -200CB, and -300 
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, -200CB, and -300 series 
airplanes. This AD requires determining the part numbers of the master 
control valve on the pressure bottles that activate the off-wing escape 
slides, and performing corrective action if necessary. This action is 
necessary to prevent failure of an escape slide to deploy or inflate 
correctly, which could cause the slide to be unusable during an 
emergency evacuation and result in consequent injury to passengers or 
crewmembers. This action is intended to address the identified unsafe 
condition.

DATES: Effective November 29, 2002. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register as of November 29, 2002.

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: Technical Information: Victor 
Wicklund, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-1426; fax (425) 227-1181.
    Other Information: Judy Golder, Airworthiness Directive Technical 
Editor/Writer; telephone (425) 687-4241, fax (425) 227-1232. Questions 
or comments may also be sent via the Internet using the following 
address: [email protected]. Questions or comments sent via the 
Internet as attached electronic files must be formatted in Microsoft 
Word 97 for Windows or ASCII text.

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, -
200CB, and -300 series airplanes was published in the Federal Register 
on February 26, 2002 (67 FR 8741). That action proposed to require 
determining the part numbers of the master control valve on the 
pressure bottles that activate the off-wing escape slides, and 
corrective action, if necessary.

Comments

    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 concur with the proposed AD. One additional

[[Page 65494]]

commenter states that it does not operate any affected airplanes.

Revise Applicability Statement

    One commenter requests that the FAA revise the applicability 
statement to specify ``Model 757-200, -200CB, and -300 series 
airplanes, line numbers 1 through 905, equipped with an off-wing escape 
slide system, . . . .'' The applicability statement of the proposed AD 
specifies ``Model 757-200, -200CB, and -300 series airplanes, as listed 
in Boeing Special Attention Service Bulletin 757-25-0214 or 757-25-
0216, both dated April 6, 2000, . . . .'' The commenter states that 
revising the applicability statement would make it easier to identify 
affected airplanes without referring to the service information.
    The FAA concurs and has revised the applicability statement of this 
final rule accordingly.

Identify Manufacturers

    One commenter requests that we revise paragraphs (a)(1), (a)(2), 
and (b) of the proposed AD to identify the manufacturers associated 
with each of the part numbers listed in those paragraphs. The commenter 
states that this change would eliminate any confusion about the correct 
part number of the airplane manufacturer or vendor.
    We concur and have revised paragraphs (a)(1), (a)(2), and (b) of 
this final rule accordingly.

Include Instructions to Deactivate Cargo Loading System

    One commenter requests that Boeing Special Attention Service 
Bulletin 757-25-0216, dated April 6, 2000, include instructions to 
deactivate the aft cargo loading system on Boeing Model 757-300 series 
airplanes, if such a system is installed, before doing the proposed 
inspections and corrective actions.
    Though the commenter provides no justification for the change, we 
infer that the commenter makes this recommendation in the interest of 
the safety of maintenance personnel. While this AD is not intended to 
address safety concerns related to cargo loading systems, we find that 
the commenter's recommendation represents a sound precaution that 
operators may want to consider when accomplishing the actions required 
by this AD. Therefore, we have added Note 2 to this final rule (and 
renumbered a subsequent note accordingly) to state that operators may 
want to deactivate any installed cargo handling system before 
undertaking the actions required by paragraph (a) of this AD.

Extend Compliance Time

    One commenter, the airplane manufacturer, requests that we extend 
the proposed compliance time from 18 months to 36 months. The commenter 
states that a 36-month compliance time would allow operators to 
accomplish the necessary actions at a regularly scheduled maintenance 
interval. The commenter justifies its request by stating that, in the 
unlikely event an off-wing escape slide fails to automatically inflate, 
the escape slide can still be inflated using the manual inflation 
handle. Thus, the escape slide would still be available if needed for 
an emergency evacuation. The FAA acknowledges that the manual inflation 
handle provides a reduction of risk. Therefore, we concur that the 
compliance time for paragraph (a) of this AD may be extended to 36 
months and yet still maintain an adequate level of safety in the fleet. 
We have revised paragraph (a) of this final rule accordingly.

Revise Cost Impact Estimate

    One commenter disagrees with our estimate of the cost impact of the 
proposed AD. The commenter notes that the estimate only considers 
direct labor costs for removal and reinstallation of the valves and 
does not assess the costs that operators may incur for replacement or 
modification of the valves. The commenter states that, while the parts 
manufacturer has been exchanging the subject valves at no cost to 
operators, once the exchange program ends, operators will be charged 
for valve modification or exchange.
    We infer that the commenter is requesting that we revise the cost 
estimate in this final rule to include an estimate of the cost of 
required parts if the parts are not covered by the parts manufacturer's 
exchange program. We concur. If an operator must purchase a replacement 
valve, we estimate that it will cost $15,000. We have revised the Cost 
Impact section of this final rule accordingly. We also have included a 
statement that the ``parts manufacturer may cover the cost of 
replacement parts associated with this AD, subject to the conditions of 
its exchange program,'' and, thus, the costs attributable to this AD 
may be less than stated.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the changes previously described. 
We have 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 435 Model 757-200, -200CB, and -300 series 
airplanes of the affected design in the worldwide fleet. We estimate 
that 360 airplanes of U.S. registry will be affected by this AD, that 
it will take approximately 1 work hour per airplane to accomplish the 
required inspection, and that the average labor rate is $60 per work 
hour. Based on these figures, the cost impact of the inspection 
required by this AD on U.S. operators is estimated to be $21,600, or 
$60 per airplane.
    Should an operator be required to accomplish the replacement of the 
valve and placard, it 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 $15,000. Based on these figures, the cost 
impact of the replacement is estimated to be $15,120 per airplane. The 
parts manufacturer may cover the cost of replacement parts associated 
with this AD, subject to the conditions of its exchange program. As a 
result, the costs attributable to this AD may be less than stated 
above.
    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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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)

[[Page 65495]]

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:

2002-21-14 Boeing: Amendment 39-12921. Docket 2000-NM-392-AD.

    Applicability: Model 757-200, -200CB, and -300 series airplanes; 
line numbers 001 through 905 inclusive; equipped with an off-wing 
escape slide system; 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 failure of an escape slide to deploy or inflate 
correctly, which could cause the slide to be unusable during an 
emergency evacuation and result in consequent injury to passengers 
or crewmembers, accomplish the following:

Inspection/Corrective Action

    (a) Within 36 months after the effective date of this AD: 
Determine the part numbers (P/N) of the master control valve 
installed on each of the two pressure bottles located in the forward 
end of the aft cargo compartment that activate the off-wing escape 
slides, per Boeing Special Attention Service Bulletin 757-25-0214 
(for Model 757-200 and 200CB series airplanes), or 757-25-0216 (for 
Model 757-300 series airplanes), both dated April 6, 2000, as 
applicable.

    Note 2: To reduce the risk of accidental injury to maintenance 
personnel, operators may want to deactivate any installed cargo 
handling system before undertaking the actions required by paragraph 
(a) of this AD.

    (1) If any P/N found on any valve is Boeing P/N S416N207-6 
(Pacific Scientific P/N 42000802-1), before further flight, replace 
the affected valve with a new valve or rework the valve, as 
applicable; and replace the placard on the corresponding pressure 
bottle assembly with a new placard, per the applicable service 
bulletin.
    (2) If the P/N shown on both valves is not Boeing P/N S416N207-6 
(Pacific Scientific P/N 42000802-1), no further action is required 
by this paragraph.

Spares

    (b) As of the effective date of this AD, no person shall install 
a master control valve, Boeing P/N S416N207-6 (Pacific Scientific P/
N 42000802-1), on any airplane.

Alternative Methods of Compliance

    (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). 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 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

    (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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Boeing Special 
Attention Service Bulletin 757-25-0214, dated April 6, 2000; or 
Boeing Special Attention Service Bulletin 757-25-0216, dated April 
6, 2000; as applicable. 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.

Effective Date

    (f) This amendment becomes effective on November 29, 2002.

    Issued in Renton, Washington, on October 16, 2002.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-27080 Filed 10-24-02; 8:45 am]
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