[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Rules and Regulations]
[Pages 73935-73937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23957]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21715; Directorate Identifier 2004-NM-277-AD; 
Amendment 39-14416; AD 2005-25-23]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 767-200 and -300 series airplanes. This AD 
requires measuring the turnbuckle gap of the inflation cylinder of the 
off-wing emergency escape slide; corrective action if necessary; and 
installing a safety device on the inflation cylinder of the off-wing 
emergency escape slide. This AD results from a report indicating that 
the inflation trigger cable may inadvertently disconnect from the 
inflation turnbuckle of the inflation cylinder of the off-wing 
emergency escape slide, due to incorrect spacing of the cable insertion 
gap; and additional reports indicating that the pull force increase 
mechanism on the off-wing charged cylinder assemblies of the escape 
slide may be inadvertently disengaged. We are issuing this AD to 
prevent failed deployment of the emergency escape slide during an 
emergency, which could impede an evacuation and result in injury to 
passengers or airplane crewmembers, or inadvertent inflation and loss 
of an emergency escape slide during flight, which could result in 
possible structural damage to the airplane.

DATES: This AD becomes effective January 18, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 18, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Sue Rosanske, 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) 917-6448; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Boeing Model 
767-200 and -300 series airplanes. That NPRM was published in the 
Federal Register on July 6, 2005 (70 FR 38821). That NPRM proposed to 
require measuring the turnbuckle gap of the inflation cylinder of the 
off-wing emergency escape slide; corrective action if necessary; and 
installing a safety device on the inflation cylinder of the off-wing 
emergency escape slide.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Supportive Comment

    One commenter concurs with the content of the NPRM.

Requests To Extend Compliance Time

    Several commenters ask that the compliance time for the actions 
specified in paragraph (f) of the NPRM be extended to 36 months. The 
commenters make their requests to extend the compliance time for 
several reasons, including:
     To align the proposed actions with existing maintenance 
schedules for corresponding levels of maintenance on escape slide 
systems and increased efficiency and management of spare parts stocks 
of escape slides.
     To correspond with the compliance time specified in the 
Goodrich service information (referenced in the NPRM) of accomplishing 
the actions at the next scheduled maintenance visit.
     To be consistent with slide restoration intervals that 
allow the modifications of the inflation cylinder to be accomplished in 
a controlled shop environment. In addition, accomplishing the actions 
within 18 months would require operators to significantly increase 
spare parts stock for escape slides, which would cause an undue burden 
and substantial cost increase.
     To be consistent with the removal of the off-wing escape 
slide cylinders from the airplane for cylinder hydrostatic testing and 
overhaul, which eliminates the need for multiple removals. Additional 
removals would increase the potential for injuries to maintenance 
personnel and damage to parts.
    We agree that the compliance time may be extended. We have 
reconsidered the urgency of the unsafe condition and the amount of work 
related to the required actions, in addition to the fact that our 
intent was to require the actions be accomplished during regular 
maintenance visits. We find that extending the compliance time from 18 
to 36 months will not adversely affect safety, and, for the majority of 
affected operators, will allow the required actions to be performed 
during regularly scheduled maintenance at a base where special 
equipment and trained maintenance personnel will be available if 
necessary. We have changed the

[[Page 73936]]

compliance time for accomplishing the actions required by paragraph (f) 
of this AD accordingly.

Request To Revise Goodrich Service Bulletin

    Two commenters ask that Goodrich Service Bulletin 130104-25-328, 
Revision 1, dated July 23, 2003, referenced in the NPRM as an 
additional source of service information for accomplishing the actions, 
be revised to include a change to the part numbers for modified off-
wing cylinder assemblies. One commenter states that this should be done 
in order to track compliance with the AD.
    We disagree with the commenters' request. Revision 1 of the service 
bulletin already specifies a change to the part numbers for the off-
wing cylinder assemblies and the regulator valve to account for the 
modification. The parts are identified in Table 6 of the Accomplishment 
Instructions of the service bulletin. We have made no change to the AD 
in this regard.

Request To Increase Work Hours

    One commenter asks that we increase the amount of time needed to 
complete the proposed actions to 6 work hours per airplane.
    We do not agree that it is necessary to revise the work hour 
estimates of the NPRM, which reflect only the actual time needed for 
accomplishing the actions based on the best data available from the 
manufacturer. The work hours do not include the time for planning, 
access and close, and associated administrative actions. The compliance 
times in this AD should allow ample time for operators to do the 
required actions at the same time as scheduled major airplane 
inspection and maintenance activities, which would reduce the 
additional time associated with special scheduling. We have made no 
change to the AD in this regard.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have changed this AD to clarify the appropriate procedure for 
notifying the principal inspector before using any approved AMOC on any 
airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 696 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 297 airplanes of U.S. 
registry.
    The inspection takes about 1 work hour per airplane, at an average 
labor rate of $65 per work hour. Based on these figures, the estimated 
cost of the inspection for U.S. operators is $19,305, or $65 per 
airplane.
    The safety device installation takes about 3 work hours per 
airplane, at an average labor rate of $65 per work hour. Required parts 
cost is minimal. Based on these figures, the estimated cost of the 
installation for U.S. operators is $57,915, or $195 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-25-23 Boeing: Amendment 39-14416. Docket No. FAA-2005-21715; 
Directorate Identifier 2004-NM-277-AD.

Effective Date

    (a) This AD becomes effective January 18, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200 and -300 series 
airplanes; certificated in any category; equipped with off-wing 
emergency escape slides; as identified in Boeing Special Attention 
Service Bulletin 767-25-0358, dated September 18, 2003; and Boeing 
Special Attention Service Bulletin 767-25-0317, dated June 27, 2002.

Unsafe Condition

    (d) This AD was prompted by a report indicating that the 
inflation trigger cable may inadvertently disconnect from the 
inflation turnbuckle of the inflation cylinder of the off-wing 
emergency escape slide, due to incorrect spacing of the cable 
insertion gap; and additional reports indicating that the pull force 
increase mechanism (PFIM) on the off-wing charged cylinder 
assemblies of the escape slide may be inadvertently disengaged. We 
are issuing this AD to prevent failed deployment of the emergency 
escape slide during an emergency, which could impede an evacuation 
and result in injury to passengers or airplane crewmembers, or 
inadvertent inflation and loss of an emergency escape slide during 
flight, which could result in possible structural damage to the 
airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

[[Page 73937]]

Measurement/Corrective Action

    (f) Within 36 months after the effective date of this AD: 
Accomplish the actions specified in paragraphs (f)(1) and (f)(2) of 
this AD.
    (1) Measure the turnbuckle gap of the inflation cylinder of the 
off-wing emergency escape slides to ensure it meets the maximum 
allowable spacing limit and do applicable corrective actions by 
doing all the actions specified in the Accomplishment Instructions 
of Boeing Special Attention Service Bulletin 767-25-0358, dated 
September 18, 2003. Accomplish any corrective action before further 
flight in accordance with the service bulletin.
    (2) Install a safety device on the PFIM of the inflation 
cylinder of the off-wing emergency escape slides, and part-mark the 
inflation cylinder as applicable, by doing all the actions specified 
in the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 767-25-0317, dated June 27, 2002.

    Note 1: Goodrich Service Bulletins 130104-25-342, dated July 23, 
2003; and 130104-25-328, Revision 1, dated July 23, 2003; may be 
used as additional sources of service information for accomplishing 
the actions.

Parts Installation

    (g) As of the effective date of this AD, no person may install 
an inflation cylinder of the off-wing emergency escape slides on any 
airplane, unless it has been modified according to paragraph (f) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (i) You must use Boeing Special Attention Service Bulletin 767-
25-0358, dated September 18, 2003; and Boeing Special Attention 
Service Bulletin 767-25-0317, dated June 27, 2002; as applicable, to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference of these documents in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy 
of this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street, SW., room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 6, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23957 Filed 12-13-05; 8:45 am]
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