[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Rules and Regulations]
[Pages 62886-62888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17656]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21968; Directorate Identifier 2005-NM-077-AD; 
Amendment 39-14798; AD 2006-22-01]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200, -200CB, 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 757-200, -200CB, and -300 series airplanes. This 
AD requires repetitive detailed inspections for proper functioning of 
the girt bar leaf springs for the escape slides to ensure the leaf 
springs retain the sliders and the required 0.37-inch minimum 
engagement between the sliders and floor fittings is achieved at 
passenger doors 1, 2, and 4, and corrective actions if necessary. This 
AD results from a report that the escape slides failed to deploy 
correctly during an operator's tests of the escape slides. We are 
issuing this AD to prevent escape slides from disengaging from the 
airplane during deployment or in use, which could result in injuries to 
passengers or flightcrew.

DATES: This AD becomes effective December 1, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 1, 
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: Patrick Gillespie, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6429; 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 issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
Boeing Model 757-200, -200CB, and -300 series airplanes. That 
supplemental NPRM was published in the Federal Register on May 19, 2006 
(71 FR 29092). That supplemental NPRM proposed to require repetitive 
detailed inspections for proper functioning of the girt bar leaf 
springs for the escape slides to ensure the leaf springs retain the 
sliders and the required 0.37-inch minimum engagement between the 
sliders and floor fittings is achieved at passenger doors 1, 2, and 4, 
and corrective actions if necessary.

Comments

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

Support for the Supplemental NPRM

    Boeing supports the contents of the supplemental NPRM.

Request To Clarify Prohibition for Bending Girt Bar

    One commenter, a private citizen, states that it is unclear what to 
do if the subject girt bar retention leaf springs are bent before the 
effective date of the AD. The commenter states that it is virtually 
impossible to determine if such springs were bent before. Therefore, 
the commenter requests that we clarify paragraphs (f) and (g) of the 
supplemental NPRM if the intent is to prohibit bending of the spring in 
the future. The commenter suggests that we revise the final rule to add 
the following words to paragraphs (f) and (g): ``* * *

[[Page 62887]]

this AD does not allow that procedure from the effective date of this 
AD.''
    We disagree that it is necessary to change paragraphs (f) and (g) 
of the final rule to add the suggested wording. Both paragraphs 
prohibit bending the girt bar during the actions accomplished in 
accordance with this AD, which are required within 24 months after the 
effective date of this AD. Therefore, the paragraphs already prohibit 
bending the girt bars as of the effective date of the actions in the 
AD. We have not changed the AD in this regard.

Explanation of Change to Paragraph (g)

    Paragraph (g) of the NPRM referred to the paragraph titled ``Part 
2--`Inspection' '' in Boeing Special Attention Service Bulletin 757-52-
0085, dated March 24, 2005; and Boeing Special Attention Service 
Bulletin 757-52-0086, dated March 24, 2005. However that paragraph 
title is not included in Boeing Special Attention Service Bulletin 757-
52-0085. Therefore, we have changed paragraph (g) of the AD to remove 
the reference to the paragraph titled ``Part 2--`Inspection' '' in the 
service bulletins. The requirement to do an ``approved equivalent 
procedure'' in accordance with the applicable chapter/section of the 
Boeing 757 AMM or Boeing 757 CMM specified in the applicable service 
bulletin remains.

Conclusion

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

Costs of Compliance

    There are about 944 airplanes of the affected design in the 
worldwide fleet. This AD affects about 632 airplanes of U.S. registry. 
The inspection takes about 2 work hours per airplane, at an average 
labor rate of $80 per work hour. Based on these figures, the estimated 
cost of the AD for U.S. operators is $101,120, or $160 per airplane, 
per inspection cycle.

Interim Action

    We consider this AD interim action. If final action is later 
identified, we may consider further rulemaking then.

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):

2006-22-01 Boeing: Amendment 39-14798. Docket No. FAA-2005-21968; 
Directorate Identifier 2005-NM-077-AD.

Effective Date

    (a) This AD becomes effective December 1, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200 and -200CB series 
airplanes, certificated in any category, as identified in Boeing 
Special Attention Service Bulletin 757-52-0085, dated March 24, 
2005; and Boeing Model 757-300 series airplanes, certificated in any 
category, as identified in Boeing Special Attention Service Bulletin 
757-52-0086, dated March 24, 2005.

Unsafe Condition

    (d) This AD results from a report that the escape slides failed 
to deploy correctly during an operator's tests of the escape slides. 
We are issuing this AD to prevent escape slides from disengaging 
from the airplane during deployment or in use, which could result in 
injuries to passengers or flightcrew.

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.

Detailed Inspection and Corrective Actions

    (f) Within 24 months after the effective date of this AD: Do a 
detailed inspection for inadequate spring retention force and 
inadequate girt bar slider dimensions of the girt bar leaf springs 
for the escape slides at passenger doors 1, 2, and 4; and do any 
applicable corrective actions before further flight. Do all the 
actions in accordance with the Accomplishment Instructions of the 
applicable service bulletin in paragraph (f)(1) or (f)(2) of this 
AD, except as provided by paragraph (g) of this AD. Where the 
airplane maintenance manuals (AMMs) and component maintenance 
manuals (CMMs) referenced by the applicable service bulletin include 
procedures that allow bending the girt bar retention spring, this AD 
does not allow that procedure. Repeat the inspection thereafter at 
intervals not to exceed 24 months, or after each maintenance task 
where removal of and installation of the girt bar is necessary, 
whichever occurs earlier.
    (1) For Boeing Model 757-200 and -200CB series airplanes: Boeing 
Special Attention Service Bulletin 757-52-0085, dated March 24, 
2005.
    (2) For Boeing Model 757-300 series airplanes: Boeing Special 
Attention Service Bulletin 757-52-0086, dated March 24, 2005.

Equivalent Procedures

    (g) Where the applicable service bulletin specified in paragraph 
(f)(1) or (f)(2) of this AD specifies that actions may be 
accomplished in accordance with an

[[Page 62888]]

``approved equivalent procedure'': The corrective actions must be 
accomplished in accordance with the applicable chapter/section of 
the Boeing 757 AMM or Boeing 757 CMM specified in the applicable 
service bulletin. Where the AMMs and CMMs include procedures that 
allow bending the girt bar retention spring, this AD does not allow 
that procedure.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
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

    (i) You must use Boeing Special Attention Service Bulletin 757-
52-0085, dated March 24, 2005; or Boeing Special Attention Service 
Bulletin 757-52-0086, dated March 24, 2005; 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 October 11, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-17656 Filed 10-26-06; 8:45 am]
BILLING CODE 4910-13-P