[Federal Register Volume 68, Number 227 (Tuesday, November 25, 2003)]
[Proposed Rules]
[Pages 66026-66028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29340]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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. 227 / Tuesday, November 25, 2003 / 
Proposed Rules  

[[Page 66026]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-237-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 767-200 and -
300 series airplanes. This proposal would require replacement of 
certain door-mounted escape slides and slide-raft assemblies with new 
slide-raft assemblies; replacement of certain escape system latches 
with new latches; and modification or replacement of certain 
counterbalance assemblies with new counterbalance assemblies; as 
applicable. This action is necessary to prevent the escape slides and 
slide-rafts of the forward and mid-cabin entry and service doors from 
being too short to reach the ground in the event that the airplane 
rotates onto the aft fuselage, resulting in an extreme tip-back 
position, which could result in injury to passengers and crewmembers 
during an emergency evacuation. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by January 9, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-237-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. 2001-NM-237-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 or 2000 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: Susan Rosanske, Aerospace Engineer, 
Airframe Branch, ANM-150S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6448; 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 2001-NM-237-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. 2001-NM-237-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports indicating that the original analysis 
of the highest sill heights for the forward and mid-cabin entry and 
service doors is no longer valid on certain Boeing Model 767-200 and -
300 series airplanes. The original analysis showed that, in the event 
of a main landing gear (MLG) failure, the engine nacelle strut would 
shear off due to the weight of the airplane; however, the results of 
further testing revealed that the engine nacelle strut has a higher 
strength than originally calculated. This higher strength could result 
in higher-than-expected sill height values ocurring at the forward and 
mid-cabin doors with the airplane resting on one MLG and the opposite 
engine. In this instance, the airplane could rotate onto the aft 
fuselage (i.e., an extreme tip-back position). We have received two 
reported incidents of a single MLG collapsing, which resulted in a 
partial tip-back position due to the degree of rotation of the 
airplane. No injury resulted to passengers using the evacuation slides 
during the emergency.
    This condition, if not corrected, could cause the escape slides and 
slide-rafts of the forward and mid-cabin entry and service doors to be 
too short to reach the ground in the event that the airplane rotates 
onto the aft fuselage, resulting in an extreme tip-back position. This 
tip-back position could result in injury to passengers and crewmembers 
during an emergency evacuation.

[[Page 66027]]

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 767-25-
0266, dated September 14, 2000, which describes procedures for 
replacing certain door-mounted escape slides and slide-raft assemblies 
with new slide-raft assemblies; replacing certain door latches with new 
latches; and modifying or replacing certain counterbalance assemblies 
with new counterbalance assemblies; as applicable. 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 require accomplishment of the actions specified in 
the service bulletin described previously, except as discussed below.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that, although Boeing Service Bulletin 767-
25-0266 recommends that the affected parts be replaced at the end of 
the ``useful service life'' (approximately 15 years) of the slides and 
slide-rafts, the FAA has determined that the ``useful service life'' 
interval would not address the unsafe condition in a timely manner. 
Therefore, this proposal would require that the affected parts be 
replaced within five years from the effective date of this AD. In 
developing an appropriate compliance time for this AD, the FAA 
considered not only the manufacturer's recommendation, but also the 
degree of urgency associated with addressing the subject unsafe 
condition, the average utilization of the affected fleet, and the time 
necessary to perform the replacement. In light of all of these factors, 
the FAA finds a five-year compliance time for completing the required 
actions to be warranted, in that it represents an appropriate interval 
of time allowable for affected airplanes to continue to operate without 
compromising safety.

Cost Impact

    There are approximately 745 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 261 airplanes of U.S. registry 
would be affected by this proposed AD. The work hours and required 
parts per airplane vary according to the configuration group to which 
the affected airplane belongs.
    The following table shows the estimated cost impact for airplanes 
of U.S. registry affected by this proposed AD:

                                                   Cost Impact
----------------------------------------------------------------------------------------------------------------
                                             Number on    Work hours   Parts cost                Total cost for
       Airplane configuration group             U.S.         per          per        Cost per    U.S.-registered
                                              register     airplane     airplane     airplane       airplanes
----------------------------------------------------------------------------------------------------------------
1.........................................          208            6       $1,236       $1,626          $338,208
2.........................................           12           12        2,472        3,252            39,024
3.........................................           41           11       98,858       99,573         4,082,493
4 (none on U.S. register).................            0           11       50,400       51,115                 0
5 (none on U.S. register).................            0           17       51,636       52,741                 0
----------------------------------------------------------------------------------------------------------------

    Based on the figures in the above table, the cost impact of the 
proposed AD on U.S. operators is estimated to be $4,459,725.
    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 proposed 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 adding the following new 
airworthiness directive:

Boeing: Docket 2001-NM-237-AD.

    Applicability: Model 767-200 and -300 series airplanes, line 
numbers 1 through 793 inclusive, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the escape slides and slide-rafts of the forward and 
mid-cabin entry and service doors from being too short to reach the 
ground in the event that the airplane rotates onto the aft fuselage, 
resulting in an extreme tip-back position, which could result in 
injury to passengers and crewmembers during an emergency evacuation, 
accomplish the following:

[[Page 66028]]

Replacement

    (a) Within five years from the effective date of this AD, 
perform the actions specified in Table 1 of this AD for the 
applicable airplane configuration group, on the applicable doors, 
per the Accomplishment Instructions in Boeing Service Bulletin 767-
25-0266, dated September 14, 2000.

                                       Table 1.--Replacement Requirements
----------------------------------------------------------------------------------------------------------------
   For airplanes identified in the        Perform the following
     service bulletin as group--                 action--                     At these affected doors--
----------------------------------------------------------------------------------------------------------------
1....................................  Replace the escape slides    Forward entry and service doors.
                                        or slide-raft assemblies
                                        with new escape slide-raft
                                        assemblies, and replace
                                        the escape system latches
                                        with new latches.
2....................................  Replace the escape slides    Forward and mid-cabin entry and service
                                        or slide-raft assemblies     doors.
                                        with new escape slide-raft
                                        assemblies, and replace
                                        the escape system latches
                                        with new latches.
3....................................  Replace the escape slides    Forward entry and service doors.
                                        or slide-raft assemblies
                                        with new escape slide-raft
                                        assemblies; replace the
                                        escape system latches with
                                        new latches; and replace
                                        the counterbalance
                                        assemblies with new
                                        counterbalance assemblies.
4....................................  Replace the escape slides    Forward entry and service doors.
                                        or slide-raft assemblies
                                        with new escape slide-raft
                                        assemblies; replace the
                                        escape system latches with
                                        new latches; and modify or
                                        replace the counterbalance
                                        assemblies with new
                                        counterbalance assemblies.
5....................................  Replace the escape slides    Forward and mid-cabin entry and service
                                        or slide-raft assemblies     doors.
                                        with new escape slide-raft
                                        assemblies; replace the
                                        escape system latches with
                                        new latches.
5....................................  Modify or replace the        Forward entry and service doors.
                                        counterbalance assemblies
                                        with new counterbalance
                                        assemblies.
----------------------------------------------------------------------------------------------------------------

Replacements Accomplished Previously per the Service Bulletin

    (b) Replacements accomplished before the effective date of this 
AD per Boeing Service Bulletin 767-25-0266, dated September 14, 
2000, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance for this AD.


    Issued in Renton, Washington, on November 17, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-29340 Filed 11-24-03; 8:45 am]
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