[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33608-33611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5210]



[[Page 33608]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22488; Directorate Identifier 2005-NM-151-AD; 
Amendment 39-14637; AD 2000-11-19 R1]
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 revising an existing airworthiness directive (AD) 
that applies to certain Boeing Model 767-200 and -300 series airplanes. 
That AD currently requires repetitive inspections to detect wear or 
damage of the door latches and disconnect housings in the off-wing 
escape slide compartments, and replacement of any discrepant component 
with a new component. This new AD revises the applicability of the 
existing AD to refer to a later revision of the referenced service 
bulletin, which removes airplanes that are not subject to the 
identified unsafe condition. This AD results from reports of worn and 
damaged door latches and disconnect housings in the off-wing escape 
slide compartments. We are issuing this AD to ensure deployment of an 
escape slide during an emergency evacuation. Non-deployment of an 
escape slide during an emergency could slow down the evacuation of the 
airplane and result in injury to passengers or flightcrew. We are also 
issuing this AD to detect damaged disconnect housings in the off-wing 
escape slide compartments, which could result in unexpected deployment 
of an escape slide during maintenance, and consequent injury to 
maintenance personnel.

DATES: The effective date of this AD is July 18, 2000.
    The Director of the Federal Register approved the incorporation by 
reference of Boeing Service Bulletin 767-25A0260, Revision 1, dated 
January 25, 2001; Boeing Service Bulletin 767-25A0260, Revision 2, 
dated August 26, 2004; Boeing Service Bulletin 767-25A0260, Revision 3, 
dated July 7, 2005; and Boeing Service Bulletin 767-25A0275, Revision 
3, dated April 24, 2003; listed in the AD as of July 17, 2006.
    On July 18, 2000 (65 FR 37015, June 13, 2000), the Director of the 
Federal Register approved the incorporation by reference of Boeing 
Alert Service Bulletin 767-25A0260, dated July 9, 1998.

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: Victor Wicklund, 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) 917-6458; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the 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 proposed to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) with an airworthiness directive (AD) to 
revise AD 2000-11-19, amendment 39-11767 (65 FR 37015, June 13, 2000). 
The existing AD applies to certain Boeing Model 767-200 and -300 series 
airplanes. The proposed AD was published in the Federal Register on 
September 21, 2005 (70 FR 55323) to continue to require repetitive 
inspections to detect wear or damage of the door latches and disconnect 
housings in the off-wing escape slide compartments, and replacement of 
any discrepant component with a new component. The proposed AD also 
proposed to revise the applicability of the existing AD to refer to a 
later revision of the referenced service bulletin, which removes 
airplanes that are not subject the identified unsafe condition.

Comments

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

Support for the Proposed AD

    United Airlines and the National Transportation Safety Board 
support the proposed AD.

Request to Revise the Applicability

    Boeing requests that the applicability of the proposed AD be 
revised to ``Boeing Model 767-200 and -300 series airplanes, equipped 
with Goodrich off-wing ramp/slide having basic part numbers (P/N) 
101630, 101654, 101655, or 101656. * * *'' Boeing states that this 
change would clearly identify that the proposed AD is only applicable 
to the Goodrich off-wing slide system. Boeing further states that if 
that system is removed or replaced, the proposed inspection would no 
longer be necessary and, as a result, the airplane would not be 
applicable to the AD.
    We agree and have revised the AD accordingly.

Requests to Refer to Alternative Method of Compliance (AMOC), Revise 
Service Information, and Delay Issuance of the Final Rule

    The Air Transport Association (ATA), on behalf of a member, 
Continental Airlines, requests that AMOC 120S-01-80 be incorporated in 
the proposed AD and in a revision to Boeing Service Bulletin 767-
25A0260, Revision 3, dated July 7, 2005 (referred to as an appropriate 
source of service information in the proposed AD for doing the proposed 
actions). The ATA also requests that Boeing Service Bulletin 767-
25A0275, Revision 3, dated April 24, 2003, which outlines the 
procedures for accomplishing AMOC 120S-01-80, be referenced in the 
proposed AD and in Boeing Service Bulletin 767-25A0260. In addition, 
Continental Airlines requests that we delay issuance of the final rule 
until Boeing Service Bulletin 767-25A0260 is revised. The ATA states 
that these changes would avoid the need for processing AMOCs in the 
future and would provide appropriate references to service instructions 
related to the proposed actions.
    We partially agree. For the reasons provided by the ATA and 
Continental Airlines, we agree to refer to Boeing Service Bulletin 767-
25A0275, Revision 3, dated April 24, 2003, in the AD as an acceptable 
method of compliance with the replacement requirements of paragraph (h) 
of this AD (i.e., Part 3 of the Work Instructions of Boeing Service 
Bulletin 767-25A0260 only) for both disconnect housings only. However, 
we do not agree with Continental Airline's request to delay issuance of 
this AD until Boeing revises Service Bulletin

[[Page 33609]]

767-25A0260 to incorporate the procedures in the subject AMOC. To delay 
this action would be inappropriate, since we have determined that an 
unsafe condition exists and that inspections and replacement if 
necessary must be conducted to ensure continued safety. We have 
determined that doing the procedures specified in Boeing Service 
Bulletin 767-25A0260 (original issue through Revision 3) adequately 
addresses the identified unsafe condition of this AD. Therefore, we 
have added a new paragraph (j) to this AD (and re-identified subsequent 
paragraphs) to specify Boeing Service Bulletin 767-25A0275 as an 
acceptable method of compliance for doing the replacement requirements 
of paragraph (h) of this AD for both disconnect housings only.

Request To Address Defective Parts Manufacturer Approval (PMA) Parts

    The Modification and Replacement Parts Association (MARPA) requests 
that consideration be given to the following questions because parts 
approved under section 21.303 of the Federal Aviation Regulations (14 
CFR 21.303) are or may be involved in the proposed actions. The MARPA 
provided data that shows the PMA holder is also the supplier to the 
airplane manufacturer, so the parts are numbered identically.
     Do the defective parts exist on other airplanes?
     Is the language in the proposed AD that identifies the 
defective parts flexible enough to embrace defective PMA alternatives 
if they exist?
    We infer that the MARPA would like the proposed AD to be revised to 
cover PMA parts, rather than just a single part number, so that 
defective PMA parts also are subject to the proposed AD. We agree with 
the MARPA's general request that, if we know that an unsafe condition 
also exists in PMA parts, the AD should address those parts, as well as 
the original parts. As the MARPA's data shows, in this case, the 
identified PMA part has the same part number as the original, and is 
therefore subject to the requirements of this AD. We are not aware of 
other PMA parts that have a different part number or of identical parts 
installed on other airplanes. The MARPA's remarks are timely in that 
the Transport Airplane Directorate currently is in the process of 
reviewing this issue as it applies to transport category airplanes. We 
acknowledge that there may be other ways of addressing this issue to 
ensure that unsafe PMA parts are identified and addressed. Once we have 
thoroughly examined all aspects of this issue, including input from 
industry, and have made a final determination, we will consider whether 
our policy regarding addressing PMA parts in ADs needs to be revised. 
We consider that to delay this AD action would be inappropriate, since 
we have determined that an unsafe condition exists, and that 
replacement of certain parts must be accomplished to ensure continued 
safety. Therefore, no change has been made to the final rule in this 
regard.

Request to Reference PMA Parts

    The MARPA also requests us to consider if the language identifying 
the parts to be installed in lieu of defective parts is flexible enough 
to permit installation of approved PMA items.
    We infer that the MARPA would like the AD to permit installation of 
any equivalent PMA parts so that it is not necessary for an operator to 
request approval of an AMOC in order to install an ``equivalent'' PMA 
part. Whether an alternative part is ``equivalent'' in adequately 
resolving the unsafe condition can only be determined on a case-by-case 
basis based on a complete understanding of the unsafe condition. We are 
not currently aware of any such parts. Our policy is that, in order for 
operators to replace a part with one that is not specified in the AD, 
they must request an AMOC. This is necessary so that we can make a 
specific determination that an alternative part is or is not 
susceptible to the same unsafe condition. No change to the AD is 
necessary in this regard.

Request to Identify Other Considerations Relating to PMA Parts

    The MARPA also asks whether there are other considerations relating 
to PMA parts that are not addressed in the service bulletins. The MARPA 
notes that it has never seen a service bulletin that even acknowledges 
the existence of PMA parts.
    Although the MARPA's remarks above do not specifically request a 
change to this AD, we infer that the commenter would like service 
bulletins to specify any applicable PMA part numbers (when the 
specified action involves removal of a defective part and replacement 
with a new improved part). To clarify, the type certificate holder is 
responsible to address unsafe conditions associated with their type 
design when an AD is issued and to make actions and instructions that 
correct the unsafe condition available to operators. Typically, the way 
type certificate holders make such information available is through the 
issuance of service bulletins. If the type certificate holder included 
PMA parts in their original type design, they must replace these parts 
in the new type design if the AD requires such action. However, the 
type certificate holder is not responsible for PMA parts that are not 
included in the type design. As we responded earlier, there may be 
other ways of addressing this issue to ensure that unsafe PMA parts are 
identified and addressed. Once we have thoroughly examined all aspects 
of this issue, including input from industry, and have made a final 
determination, we will consider whether our policy regarding addressing 
PMA parts in ADs needs to be revised. No change has been made to this 
AD as a result of the MARPA's remarks in the previous paragraph.

Clarification of AMOC Paragraph

    We have revised this action 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 694 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 315 airplanes of U.S. 
registry.
    The inspections that are required by AD 2000-11-19 and retained in 
this AD take about 3 work hours per airplane, at an average labor rate 
of $65 per work hour. Based on these figures, the estimated cost of the 
currently required inspections is $61,425, or $195 per airplane, per 
inspection cycle.

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

[[Page 33610]]

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 
removing amendment 39-11767 (65 FR 37015, June 13, 2000) and adding the 
following new airworthiness directive (AD):

2000-11-19 R1 Boeing: Amendment 39-14637. Docket No. FAA-2005-22488; 
Directorate Identifier 2005-NM-151-AD.

Effective Date

    (a) The effective date of this AD is July 18, 2000.

Affected ADs

    (b) This AD revises AD 2000-11-19.

Applicability

    (c) This AD applies to Boeing Model 767-200 and -300 series 
airplanes, certificated in any category; as identified in Boeing 
Service Bulletin 767-25A0260, Revision 3, dated July 7, 2005; 
equipped with Goodrich off-wing ramp/slide having basic part numbers 
(P/N) 101630-XXX, 101654-XXX, 101655-XXX, or 101656-XXX, where X is 
a variable; excluding those airplanes that have been converted from 
a passenger to freighter configuration, and on which the off-wing 
escape system has been removed or deactivated.

Unsafe Condition

    (d) This AD results from reports of worn and damaged door 
latches and disconnect housings in the off-wing escape slide 
compartments. We are issuing this AD to ensure deployment of an 
escape slide during an emergency evacuation. Non-deployment of an 
escape slide during an emergency could slow down the evacuation of 
the airplane and result in injury to passengers or flightcrew. We 
are also issuing this AD to detect damaged disconnect housings in 
the off-wing escape slide compartments, which could result in 
unexpected deployment of an escape slide during maintenance, and 
consequent injury to maintenance personnel.

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.

Requirements of AD 2000-11-19

Inspections

    (f) Prior to the accumulation of 6,000 total flight hours, or 
within 18 months after July 18, 2000 (the effective date of AD 2000-
11-19), whichever occurs later, perform a detailed inspection to 
detect wear or damage of the door latches and disconnect housings in 
the off-wing escape slide compartments, in accordance with Boeing 
Alert Service Bulletin 767-25A0260, dated July 9, 1998. Repeat the 
inspection thereafter at intervals not to exceed 6,000 flight hours 
or 18 months, whichever occurs later.


    Note 1: Boeing Alert Service Bulletin 767-25A0260, dated July 9, 
1998, allows repetitive inspections of a door latch having part 
number H2052-11 or H2052-115, provided that the latch is not worn or 
damaged. However, replacement of any latch having part number H2052-
11 or H2052-115 with a new latch having part number H2052-13 is 
described as part of a modification of the escape slide compartment 
door latching mechanism that is specified in Boeing Alert Service 
Bulletin 767-25A0174, dated August 15, 1991. Accomplishment of that 
modification is required by AD 92-16-17, amendment 39-8327, and AD 
95-08-11, amendment 39-9200. Therefore, operators should note that 
any latch having part number H2052-11 or H2052-115 found during an 
inspection required by paragraph (f) of this AD is already required 
to be replaced in accordance with AD 92-16-17 or AD 95-08-11, as 
applicable.


    (g) Inspections and corrective actions accomplished prior to 
July 18, 2000, in accordance with the Validation Copy of Boeing 
Alert Service Bulletin 767-25A0260, dated April 28, 1998, are 
considered acceptable for compliance with the applicable action 
specified in this AD.

Replacement

    (h) If any part is found to be worn or damaged during the 
inspections performed in accordance with paragraph (f) of this AD, 
prior to further flight, replace the worn or damaged part with a new 
part, and perform an adjustment of the off-wing escape slide system, 
in accordance with Boeing Alert Service Bulletin 767-25A0260, dated 
July 9, 1998.

New Optional Actions

Compliance With Revisions 1 Through 3 of Referenced Service 
Bulletin

    (i) Inspections and applicable corrective actions done after the 
effective date of this AD in accordance with Boeing Service Bulletin 
767-25A0260, Revision 1, dated January 25, 2001; Revision 2, dated 
August 26, 2004; or Revision 3, dated July 7, 2005; are acceptable 
for compliance with the corresponding requirements of this AD.

Compliance With Another Service Bulletin

    (j) Accomplishing the replacement in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 767-25A0275, 
Revision 3, dated April 24, 2003, is acceptable for compliance with 
the replacement requirements of paragraph (h) of this AD (i.e., Part 
3 of the Work Instructions of Boeing Alert Service Bulletin 767-
25A0260) for both disconnect housings only.

Alternative Methods of Compliance (AMOCs)

    (k)(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 Sec.  
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

    (l) You may use the service bulletins identified in Table 1 of 
this AD to perform the actions that are required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of the service bulletins identified in 
Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.
    (2) On July 18, 2000 (65 FR 37015, June 13, 2000), the Director 
of the Federal Register approved the incorporation by reference of 
Boeing Alert Service Bulletin 767-25A0260, dated July 9, 1998.
    (3) 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

[[Page 33611]]

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 html.

                                Table 1.--All Material Incorporated by Reference
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             Boeing service bulletin               Revision level                       Date
----------------------------------------------------------------------------------------------------------------
767-25A0260......................................           (\1\)  July 9, 1998.
767-25A0260......................................               1  January 25, 2001.
767-25A0260......................................               2  August 26, 2004.
767-25A0260......................................               3  July 7, 2005.
767-25A0275......................................               3  April 24, 2003.
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\1\ Original issue.


            Table 2.--New Material Incorporated by Reference
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      Boeing service bulletin        Revision level          Date
------------------------------------------------------------------------
767-25A0260........................               1  January 25, 2001.
767-25A0260........................               2  August 26, 2004.
767-25A0260........................               3  July 7, 2005.
767-25A0275........................               3  April 24, 2003.
------------------------------------------------------------------------


    Issued in Renton, Washington, on May 31, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5210 Filed 6-9-06; 8:45 am]
BILLING CODE 4910-13-P