[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Rules and Regulations]
[Pages 64982-64983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28493]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-95-AD; Amendment 39-13368; AD 2003-23-04]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes 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 amendment requires a new, improved 
modification of the number 3 left and right emergency exit doors, which 
terminates the requirements in the existing AD. The actions specified 
by this 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: Effective December 23, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 23, 2003.

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: Keith Ladderud, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 917-6435; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 91-01-05, 
amendment 39-6850 (55 FR 52967, December 26, 1990), which is applicable 
to certain Boeing Model 757 series airplanes, was published in the 
Federal Register on June 2, 2003 (68 FR 32691). The action proposed 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.

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 Proposed Rule

    One commenter states that it fully supports the proposed rule.

Request To Withdraw Proposed Rule

    Another commenter states that a reliability review of the number 3 
emergency exit doors on its Model 757 fleet revealed zero events of 
difficulty in operating the number 3 doors. The commenter further 
states that it has already accomplished a terminating action for AD 91-
01-05. For these reasons, the commenter asserts that additional 
modification to the number 3 emergency exit doors is not warranted on 
its Model 757-200 fleet.
    From these statements, we infer that the commenter is requesting 
that we withdraw the proposed rule. We do not agree. Since the issuance 
of AD 91-01-05, we have received reports from several operators that 
had difficulty opening the number 3 emergency exit doors or had them 
become completely jammed during opening. These events occurred even 
though the number 3 emergency exit doors on these airplanes had been 
modified per the requirements of AD 91-01-05. Therefore, we find it 
necessary to mandate a design change that will prevent the number 3 
emergency exit doors from being difficult to open or from becoming 
completely jammed. No change to the final rule is made.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOCs). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD. However, for clarity and consistency in this final rule, 
we have retained the language of the NPRM regarding that material.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

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 
will be affected by this AD.
    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 $65 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 $290 per airplane.
    The new modification that is required in this AD will take 
approximately 6 work hours per airplane (3 work hours per door) to 
accomplish, at an average labor rate of $65 per work hour. Required 
parts will cost approximately $8,000 per kit, per airplane. Based on 
these figures, the cost impact of the new modification on U.S. 
operators is estimated to be $981,630, or $8,390 per airplane.
    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

[[Page 64983]]

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) 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

0
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

0
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]

0
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:

2003-23-04 Boeing: Amendment 39-13368. 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 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.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done per Boeing Special Attention Service Bulletin 757-25-0237, 
Revision 2, dated December 12, 2002. 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 December 23, 2003.

    Issued in Renton, Washington, on November 7, 2003.
Kalene C. Yanamura, Acting Manager,
Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-28493 Filed 11-17-03; 8:45 am]
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