[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Rules and Regulations]
[Pages 59486-59488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23667]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0302; Directorate Identifier 2007-NM-323-AD; 
Amendment 39-15689; AD 2008-21-05]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -400ER 
Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Boeing Model 767-200, -300, and -400ER 
series airplanes. That AD currently requires an inspection to determine 
if the door-mounted escape slide/rafts have certain part numbers. This 
new AD does not retain that requirement. This new AD continues to 
require an inspection for excessive tension of the firing cable, and 
procedures for providing slack in the firing cable or rerouting the 
firing cable if necessary. For certain airplanes, this new AD also 
requires a review of the airplane maintenance records to determine if a 
certain service bulletin has been incorporated, or an inspection to 
determine if certain door-mounted escape slide/rafts are installed. 
This new AD also requires modification of certain escape slide/rafts. 
This AD results from reports of uncommanded inflation inside the 
airplane of a door-mounted escape slide/raft located in the passenger 
compartment. We are issuing this AD to prevent injury to maintenance 
personnel, passengers, and crew during otherwise normal operating 
conditions and to prevent interference with evacuation of the airplane 
during an emergency, due to uncommanded inflation of a door-mounted 
escape slide/raft.

DATES: This AD becomes effective November 13, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 13, 
2008.
    On June 30, 2005 (70 FR 34638, June 15, 2005), the Director of the 
Federal Register approved the incorporation by reference of a certain 
other publication.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Keith Ladderud, 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) 917-6435; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2005-12-14, amendment 
39-14130 (70 FR 34638, June 15, 2005). The existing AD applies to 
certain Boeing Model 767-200, -300, and -400ER series airplanes. That 
NPRM was published in the Federal Register on March 18, 2008 (73 FR 
14405). That NPRM proposed to continue to require an inspection to 
determine if the door-mounted escape slide/rafts have certain part 
numbers. For those door-mounted escape slide/rafts having certain part 
numbers, the NPRM also proposed to continue to require an inspection 
for excessive tension of the firing cable, and procedures for providing 
slack in the firing cable or rerouting the firing cable if necessary. 
For certain airplanes, the NPRM also proposed to require a review of 
the airplane maintenance records to determine if a certain service 
bulletin has been incorporated, or an inspection to determine if 
certain door-mounted escape slide/rafts are installed. The NPRM also 
proposed to require modification of certain escape slide/rafts.

Comments

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

Request To Refer to Certain Part Numbers (P/Ns) in the Applicability

    Boeing requests that we revise the applicability to Boeing Model 
767-200, -300, and -400ER series airplanes, certificated in any 
category; as identified in Boeing Alert Service Bulletin 767-25A0395, 
dated August 31, 2006; equipped with Goodrich door-mounted slide/rafts 
having P/Ns 5A3294-1, 5A3294-2, 5A3295-1, or 5A3295-3. As 
justification, Boeing states that this change clarifies that this AD 
applies only to certain Goodrich door-mounted slides/rafts. Boeing also 
states the applicability of the NPRM, as written, might require an 
alternative method of compliance (AMOC) for airplanes having other 
door-mounted slides/rafts.
    We agree to revise the applicability of this AD as requested by 
Boeing for the reasons stated above, except that paragraph (c) of this 
AD refers to Revision 1 of the service bulletin, dated January 25, 
2007. Since we have added the affected part numbers for the discrepant 
door-mounted slides/rafts to the applicability of this AD, it is no 
longer necessary to require the inspection to determine the part 
numbers as specified in paragraph (f) of the NPRM. Therefore, we have 
deleted

[[Page 59487]]

that action and reidentified the subsequent paragraphs of this AD 
accordingly.

Request To Delete Certain Airplanes From the Applicability

    Florida West International Airways states that this AD does not 
apply to Model 767-300GMF airplanes.
    We infer that the commenter requests that we delete that model 
designation from the applicability of this AD. We disagree because that 
model designation is not identified in the applicability of this AD. 
Model ``767-300GMF'' is not a valid designation as specified on the 
type certificate data sheet (TCDS) for Model 767 airplanes. Therefore, 
the commenter should verify the airplane identification as listed on 
the airplane data plate. This information will allow the commenter to 
determine whether this AD is applicable to its airplanes. We have not 
changed the AD in this regard.

Request To Revise Paragraph (k)(1) of the NPRM

    Boeing requests that we revise paragraph (k)(1) of the NPRM as 
follows: ``* * * Determine if any door-mounted escape slide/raft having 
P/N 5A3294-1, 5A3294-2, 5A3295-1, or 5A3295-3 is installed; by review 
of the airplane maintenance records, or by a general visual inspection 
and modify the escape slide/rafts. Note the above slide/rafts may have 
been installed by Boeing Service Bulletin 767-25-0266.'' Boeing points 
out that this request also removes the following statement: ``Doing the 
inspection before the effective date of this AD in accordance with 
paragraph (f)(1) of this AD is acceptable for compliance with the 
inspection specified in this paragraph.'' As justification, Boeing 
states that its suggested changes focus the reader on the specific part 
numbers to be modified and assures that the escape slide/rafts 
inspected prior to the effective date of this new AD are modified.
    We agree to delete the second sentence of paragraph (k)(1) of the 
NPRM, since it is no longer necessary to provide relief for operators 
who, in accordance with paragraph (f)(1) of AD 2005-12-14, have 
previously inspected to determine if the discrepant slides/rafts are 
installed. However, we disagree with revising the first sentence of 
paragraph (k)(1) of the NPRM because Boeing's suggested changes and the 
language used in paragraph (j)(1) of this AD have essentially the same 
meaning. (As stated previously, paragraph (k) of the NPRM is 
reidentified as paragraph (j) in this AD.) Further, the language that 
we use is similar to what is stated in the Accomplishment Instructions 
of Boeing Alert Service Bulletin 767-25A0395, Revision 1.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been 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 1,225 airplanes of the affected design in the 
worldwide fleet. This AD affects about 355 airplanes of U.S. registry.
    The actions that are required by AD 2005-12-14 and retained in this 
AD take up to 6 work hours per airplane, at an average labor rate of 
$80 per work hour. Based on these figures, the estimated cost of the 
currently required actions for U.S. operators is $170,400, or is $480 
per airplane.
    The new required actions take up to 6 work hours per airplane, at 
an average labor rate of $80 per work hour. The parts manufacturer 
states that it will supply the required parts to operators at no cost. 
Based on these figures, the estimated cost of the new actions specified 
in this AD for U.S. operators is $170,400, or $480 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 
removing amendment 39-14130 (70 FR 34638, June 15, 2005) and by adding 
the following new airworthiness directive (AD):

2008-21-05 Boeing: Amendment 39-15689. Docket No. FAA-2008-0302; 
Directorate Identifier 2007-NM-323-AD.

Effective Date

    (a) This AD becomes effective November 13, 2008.

Affected ADs

    (b) This AD supersedes AD 2005-12-14.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -400ER 
series airplanes, certificated in any category; as identified in 
Boeing Alert Service Bulletin 767-25A0395, Revision 1, dated January 
25, 2007; equipped with Goodrich door-mounted escape slide/rafts 
having part numbers (P/N) 5A3294-1, 5A3294-2, 5A3295-1, or 5A3295-3.

Unsafe Condition

    (d) This AD results from reports of uncommanded inflation inside 
the airplane

[[Page 59488]]

of a door-mounted escape slide/raft located in the passenger 
compartment. We are issuing this AD to prevent injury to maintenance 
personnel, passengers, and crew during otherwise normal operating 
conditions and to prevent interference with evacuation of the 
airplane during an emergency, due to uncommanded inflation of a 
door-mounted escape slide/raft.

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.

Restatement of Certain Requirements of AD 2005-12-14

Inspection for Excessive Tension on the Firing Cable

    (f) If any door-mounted escape slide/raft having any part number 
specified in paragraph (c) of this AD is installed: Within 30 days 
after June 30, 2005 (the effective date of AD 2005-12-14), perform a 
tension check on the firing cable of the slide/raft, in accordance 
with Boeing Alert Service Bulletin 767-25A0390, dated May 13, 2005. 
If no excessive tension is detected, no further action is required 
by this AD, except for the requirements of paragraph (i) of this AD.

    Note 1: Boeing Alert Service Bulletin 767-25A0390, dated May 13, 
2005, references Goodrich Alert Service Bulletin 5A3294/5A3295-
25A356, dated May 11, 2005, as an additional source of service 
information.

Corrective Action for Excessive Tension on the Firing Cable

    (g) If any excessive tension of the firing cable is detected, 
before further flight, do the applicable corrective actions in 
accordance with the Boeing Alert Service Bulletin 767-25A0390, dated 
May 13, 2005.

Previous Accomplishment

    (h) Inspections of the firing cables for excessive tension in 
accordance with Boeing Alert Service Bulletin 767-25A0390, dated May 
13, 2005, that were accomplished before June 30, 2005, are 
acceptable for compliance with the requirements of paragraph (f) of 
this AD, provided that any applicable corrective action was 
completed.

Parts Installation

    (i) As of June 30, 2005, no person may install on any airplane 
any Goodrich door-mounted escape slide/raft having P/N 5A3294-1, 
5A3294-2, 5A3295-1, or 5A3295-3, unless the tension of the firing 
cable has been checked and the applicable corrective action 
completed in accordance with Boeing Alert Service Bulletin 767-
25A0390, dated May 13, 2005, or the escape slide/raft has been 
repacked in accordance with Goodrich Packing Instructions, 
Evacuation Slide/Raft, Document 501636, Revision G, dated May 16, 
2005; Goodrich Packing Instructions, Evacuation Slide/Raft, LH, 
Document 501637, Revision E, dated May 16, 2005; or Goodrich Packing 
Instructions, Evacuation Slide/Raft, RH, Document 501638, Revision 
D, dated May 16, 2005; as applicable.

New Requirements of This AD

Modification

    (j) Within 36 months after the effective date of this AD, do the 
applicable actions specified in paragraph (j)(1) or (j)(2) of this 
AD, by accomplishing all of the applicable actions specified in the 
Accomplishment Instructions of the Boeing Alert Service Bulletin 
767-25A0395, Revision 1, dated January 25, 2007.
    (1) For Groups 1 and 2 airplanes as identified in the service 
bulletin: Review the airplane maintenance records to determine if 
Boeing Service Bulletin 767-25-0266 has been incorporated, or do a 
general visual inspection to determine if any door-mounted escape 
slide/raft having P/N 5A3294-1, 5A3294-2, 5A3295-1, or 5A3295-3 is 
installed, and before further flight do all the applicable 
corrective actions.
    (2) For Groups 3, 4, 5, and 6 airplanes as identified in the 
service bulletin: Modify the escape slide/rafts.

    Note 2: Boeing Alert Service Bulletin 767-25A0395, Revision 1, 
refers to Goodrich Service Bulletin 5A3294/5A3295-25-362, dated July 
25, 2006, as an additional source of service information for 
modifying a door-mounted escape slide/raft.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Keith Ladderud, Aerospace Engineer, Cabin Safety and 
Environmental Systems Branch, ANM-150S, FAA, Seattle ACO, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6435; fax (425) 917-6590; has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (3) AMOCs approved previously in accordance with AD 2005-12-14 
are approved as AMOCs for the corresponding provisions of paragraphs 
(f), (g), (h), (i), and (j) of this AD.

Material Incorporated by Reference

    (l) You must use Boeing Alert Service Bulletin 767-25A0390, 
dated May 13, 2005; and Boeing Alert Service Bulletin 767-25A0395, 
Revision 1, dated January 25, 2007; as applicable; 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 Boeing Alert Service Bulletin 767-
25A0395, Revision 1, dated January 25, 2007, in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) On June 30, 2005 (70 FR 34638, June 15, 2005), the Director 
of the Federal Register approved the incorporation by reference of 
Boeing Alert Service Bulletin 767-25A0390, dated May 13, 2005.
    (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 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 26, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-23667 Filed 10-8-08; 8:45 am]
BILLING CODE 4910-13-P