[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Rules and Regulations]
[Pages 67045-67047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25190]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-182-AD; Amendment 39-13867; AD 2004-23-12]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200 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 and -300 series airplanes. 
This AD requires inspection of the guide arm assembly on passenger door 
number 1 left for a part mark to determine whether the guide arm 
assembly contains an adjuster rod, which was incorrectly manufactured, 
and replacement of any such adjuster rod. This action is necessary to 
prevent failure of the adjuster rod in the passenger door guide arm 
assembly, which could prevent the door from opening or closing during 
normal or emergency operations, resulting in the inability to evacuate 
the crew and passengers in an emergency. This action is intended to 
address the identified unsafe condition.

DATES: Effective December 21, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 21, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplanes, 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 National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: David Crotty, 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) 917-6422; fax (425) 917-6590.

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 and -
300 series airplanes was published in the Federal Register on February 
9, 2004 (69 FR 5939). That action proposed to require inspection of the 
guide arm assembly on passenger door number 1 left for a part mark to 
determine whether the guide arm assembly contains an adjuster rod, 
which was incorrectly manufactured, and replacement of any such 
adjuster rod.

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.

Request To Revise Compliance Time

    One commenter requests that the compliance time specified in 
paragraph (b) of the proposed AD be changed from ``Within 18 months of 
the effective date of this AD'' to ``Within 18 months of the effective 
date of this AD or prior to 6,666 total aircraft cycles, whichever 
occurs later.'' The commenter notes that Boeing Special Attention 
Service Bulletin 757-52-0077, dated February 15, 2001; and Boeing 
Special Attention Service Bulletin 757-52-0078, dated February 15, 2001 
(both service bulletins were referenced as the appropriate sources of 
service information for accomplishing the proposed AD); suggest 
replacing any applicable adjuster rod before the aircraft reaches 6,666 
flight cycles. The commenter states that Boeing and the hardware 
manufacturer base the cycle limits on fatigue analysis.
    We partially agree. We do not agree that the compliance time 
specified in paragraph (b) of the final rule should be revised. The 
referenced service bulletins specify that the initial inspection should 
be done at the next maintenance time. The compliance time of ``within 
18 months of the effective date of this AD'' allows most operators to 
inspect during scheduled maintenance and is an appropriate interval for 
affected airplanes to continue to operate without compromising safety.
    However, we have revised the compliance times specified in 
paragraphs (c) and (d) of the final rule from ``before further flight'' 
to ``prior to the accumulation of 6,666 total flight cycles'' for the 
replacement and test of the adjuster rod of the guide arm assembly in 
order to align with the flight cycle compliance time recommended in the 
referenced service bulletins.

Request To Remove ``Parts Installation'' Paragraph

    Two commenters request that ``Parts Installation'' paragraph (e) of 
the proposed AD be removed. One commenter states that only the adjuster 
rods of the guide arm assemblies on passenger door number 1 left are 
defective for airplanes specified in the referenced service bulletins. 
The commenter notes that all other adjuster rods are not affected. The 
other commenter points out that the referenced service bulletins do not 
indicate any spares or existing parts accountability concerns.
    We agree with the commenters' request. Boeing and the part 
manufacturer have accounted for all affected parts and, therefore, 
replacement adjuster rods are not affected. We have removed paragraph 
(e) from the final rule and reidentified the paragraphs that follow.

Request To Revise Wording

    One commenter requests that the wording in the ``Summary'' 
paragraph of the proposed AD be changed from

[[Page 67046]]

 ``* * * door number 1 * * *'' to ``* * * door number 1 left * * *''
    We agree to revise the ``Summary'' paragraph of the final rule in 
accordance with the commenter's request. The word ``left'' was 
inadvertently omitted from the ``Summary'' paragraph. The adjuster rods 
affected by the final rule are installed only on door number 1 left.

Request To Revise ``Cost Impact'' Paragraph

    One commenter requests that the ``Cost Impact'' paragraph be 
revised. The commenter states that the affected number of airplanes 
should be revised from 9 to 35. The commenter notes that the cost 
impact amount would also need to be changed.
    We agree to revise the ``Cost Impact'' paragraph. The number of 
affected airplanes of U.S. registry is 35, and the number of affected 
worldwide airplanes is 63. We have revised the ``Cost Impact'' 
paragraph of the final rule accordingly.

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 63 airplanes of the affected design in the 
worldwide fleet. We estimate that 35 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 $65 per work hour. Based on these figures, the cost 
impact of the AD on U.S. operators is estimated to be $2,275, or $65 
per airplane.
    We estimate that it will take approximately 2 work hours per 
airplane to accomplish the required replacement. Required parts would 
cost approximately $478 per airplane. Based on that figure, the cost 
impact of the required replacement on U.S. operators is estimated to be 
a maximum of $21,280, or $608 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 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. The manufacturer may cover the cost of 
replacement parts and of labor associated with this AD, subject to 
warranty conditions. As a result, the costs attributable to the AD may 
be less than stated above.

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 adding the following new airworthiness 
directive:

2004-23-12 Boeing: Amendment 39-13867. Docket 2001-NM-182-AD.

    Applicability: Model 757-200 series airplanes, as listed in 
Boeing Special Attention Service Bulletin 757-52-0077, dated 
February 15, 2001; and Model 757-300 series airplanes, as listed in 
Boeing Special Attention Service Bulletin 757-52-0078, dated 
February 15, 2001; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the adjuster rod in the passenger door 
guide arm assembly, which could prevent the door from opening or 
closing during normal or emergency operations, resulting in the 
inability to evacuate the crew and passengers in an emergency, 
accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model 757-200 series airplanes: Boeing Special Attention 
Service Bulletin 757-52-0077, dated February 15, 2001; and
    (2) For Model 757-300 series airplanes: Boeing Special Attention 
Service Bulletin 757-52-0078, dated February 15, 2001.

Inspection of Part Mark

    (b) Within 18 months of the effective date of this AD: Inspect 
the part mark on the guide arm assembly of the number 1 left 
passenger door, in accordance with the applicable service bulletin.

Follow-on Actions

    (c) If the inspection of the part mark required by paragraph (b) 
of this AD reveals the name of a supplier, accomplish the action 
specified in paragraph (c)(1) or (c)(2) of this AD, as applicable.
    (1) If the part mark of supplier CDSL is found on the guide arm 
assembly, prior to the accumulation of 6,666 total flight cycles, 
replace the adjuster rod of the guide arm assembly per Figure 2 of 
the applicable service bulletin.
    (2) If the part mark of a supplier other than CDSL is found on 
the guide arm assembly, then the adjuster rod is satisfactory, and 
no further action is required by this paragraph.
    (d) If no part mark is found during the inspection required by 
paragraph (b) of this AD, prior to the accumulation of 6,666 total 
flight cycles, accomplish the action specified in either paragraph 
(d)(1) or (d)(2) of this AD.
    (1) Replace the adjuster rod of the guide arm assembly per 
Figure 2 of the applicable service bulletin.
    (2) Test the hardness of the adjuster rod of the guide arm 
assembly per Figure 3 of the applicable service bulletin; and do the 
action specified in paragraph (d)(2)(i) or (d)(2)(ii) of this AD, as 
applicable.
    (i) If the hardness of the adjuster rod is less than 44 HRC 
(Rockwell C Hardness scale), prior to the accumulation of 6,666 
total flight cycles, replace the adjuster rod of the guide arm 
assembly per Figure 2 of the applicable service bulletin.
    (ii) If the hardness of the adjuster rod is greater than 44 HRC, 
then the adjuster rod is satisfactory, and no further action is 
required by this paragraph.

[[Page 67047]]

Alternative Methods of Compliance

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

Incorporation by Reference

    (f) The actions shall be done in accordance with Boeing Special 
Attention Service Bulletin 757-52-0077, dated February 15, 2001; and 
Boeing Special Attention Service Bulletin 757-52-0078, dated 
February 15, 2001; 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 Airplanes, 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 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (g) This amendment becomes effective on December 21, 2004.

    Issued in Renton, Washington, on November 3, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-25190 Filed 11-15-04; 8:45 am]
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