[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Proposed Rules]
[Pages 32691-32693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13657]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 105 / Monday, June 2, 2003 / Proposed 
Rules  

[[Page 32691]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-95-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Boeing Model 757-
200 series airplanes, that currently requires modification of the 
number 3 left and right emergency exit doors. This action would require 
a new, improved modification of the number 3 left and right emergency 
exit doors, which would terminate the requirements in the existing AD. 
The actions specified by the proposed AD are intended to prevent the 
number 3 emergency exit doors from jamming, which could impede the safe 
evacuation of passengers and crew during an emergency. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by July 17, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-95-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-95-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6435; fax (425) 917-6590.

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-95-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. 2002-NM-95-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On December 13, 1990, the FAA issued AD 91-01-05, amendment 39-6850 
(55 FR 52967, December 26, 1990), applicable to certain Boeing Model 
757 series airplanes, to require modification of the number 3 left and 
right emergency exit doors. That action was prompted by reports of 
doors becoming jammed during attempted operation. The requirements of 
that AD are intended to prevent the potential for reduced passenger 
evacuation capability during an emergency.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 91-01-05, we have received several reports 
from operators of difficulty in opening the number 3 emergency exit 
door on Boeing Model 757-200 series airplanes having a four-door 
configuration. The reports indicate that, as the door handle was pulled 
and the door raised, the small hinged panel above the door did not 
release from its latched position. In each case, as the door raised, it 
jammed against the hinged panel. In some cases the door would not open, 
and in other cases the door opened, but a great amount of exertion had 
to be used. In light of these incidents, the manufacturer has developed 
a new, improved modification that will prevent jamming of the number 3 
left and right emergency exit doors. The FAA approved this modification 
as an alternative method of compliance and as an option to the 
terminating action requirements of AD 91-01-05.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Special Attention Service 
Bulletin 757-25-0237, Revision 2, dated December 12, 2002, which 
describes

[[Page 32692]]

procedures for modification of the number 3 left and right emergency 
exit doors. The modification involves replacing the header panel 
assemblies of the number 3 left and right emergency exit doors 
(includes replacing the double hinged panels above the doors with new 
single panels), trimming the top portion of the door liner seal, and 
installing a new seal, retainer, and support angle. The service 
bulletin references the procedures for an operational test specified in 
the Boeing 757 Airplane Maintenance Manual after the modification has 
been done. Accomplishment of the actions specified in the service 
bulletin is intended to adequately address the identified unsafe 
condition.

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 supersede AD 91-01-05 to require a new, improved 
modification of the number 3 left and right emergency exit doors, which 
would terminate the requirements in the existing AD. The actions would 
be required to be accomplished in accordance with the service bulletin 
described previously.

Cost Impact

    There are approximately 398 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 117 airplanes of U.S. registry 
would be affected by this proposed AD.
    The FAA has reviewed the figures it has used in the past in 
calculating the economic impact of AD activity. In order to account for 
various inflationary costs in the airline industry, the FAA has 
determined that it is necessary to increase the labor rate used in 
these calculations to $60 per work hour. The cost impact information, 
below, has been revised to reflect this increase in the specified 
hourly labor rate.
    The modification that is currently required by AD 91-01-05 takes 
approximately 3 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will cost approximately 
$95 per airplane. Based on these figures, the cost impact of the 
currently required modification is estimated to be $275 per airplane.
    The new modification that is proposed in this AD action would take 
approximately 6 work hours per airplane (3 work hours per door) to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts would cost approximately $8,000 per kit, per airplane. Based on 
these figures, the cost impact of the proposed new modification on U.S. 
operators is estimated to be $978,120, or $8,360 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    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 removing amendment 39-6850 (55 FR 
52967, December 26, 1990), and by adding a new airworthiness directive 
(AD), to read as follows:

Boeing: Docket 2002-NM-95-AD. Supersedes AD 91-01-05, Amendment 39-
6850.

    Applicability: Model 757-200 series airplanes having a four-door 
configuration, as listed in Boeing Special Attention Service 
Bulletin 757-25-0237, Revision 2, dated December 12, 2002; 
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 the number 3 emergency exit doors from jamming, which 
could impede the safe evacuation of passengers and crew during an 
emergency, accomplish the following:

Modification

    (a) Within 36 months after the effective date of this AD: Modify 
the number 3 left and right emergency exit doors per the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 757-25-0237, Revision 2, dated December 12, 2002. The 
modification involves replacing the header panel assemblies of the 
number 3 left and right emergency exit doors (includes replacing the 
double hinged panels above the doors with new single panels), 
trimming the top portion of the door liner seal, and installing a 
new seal, retainer, and support angle. Accomplishment of the 
modification required by this paragraph terminates the requirements 
of AD 91-01-05, amendment 39-6850.

Credit for Actions Done per Previous Issue of Service Bulletin

    (b) Modifications done before the effective date of this AD per 
Boeing Special Attention Service Bulletin 757-25-0237 dated October 
18, 2001, or Revision 1, dated January 24, 2002, are considered 
acceptable for compliance with paragraph (a) of this AD.

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

[[Page 32693]]

Aircraft Certification Office (ACO), FAA. 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.

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.


    Issued in Renton, Washington, on May 23, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-13657 Filed 5-30-03; 8:45 am]
BILLING CODE 4910-13-P