[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Rules and Regulations]
[Pages 33619-33622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13554]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0719; Directorate Identifier 2010-NM-087-AD; 
Amendment 39-17074; AD 2012-11-11]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding an existing airworthiness directive (AD) 
for certain The Boeing Company Model 767-200, -300, and -400ER series 
airplanes. That AD currently requires replacing the separation link 
assembly on the applicable entry and service doors with an improved 
separation link assembly, and doing related investigative and 
corrective actions if necessary. This new AD adds an

[[Page 33620]]

airplane to the applicability and removes certain other airplanes. This 
AD was prompted by a report that an additional airplane is subject to 
the unsafe condition. We are issuing this AD to prevent failure of an 
entry or service door to open fully in the event of an emergency 
evacuation, which could impede exit from the airplane. This condition 
could result in injury to passengers or crewmembers.

DATES: This AD is effective July 12, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 12, 
2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of April 
2, 2009 (74 FR 8717, February 26, 2009).

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; email [email protected]; 
Internet https://www.myboeingfleet.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate; 1601 Lind Avenue SW., Renton, Washington. For information 
on the availability of this material at the FAA, call 425-227-1221.

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 (phone: 800-647-5527) is 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: Kimberly DeVoe, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: (425) 917-6495; fax: (425) 917-6590; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2009-04-12, Amendment 39-15818 (74 FR 8717, 
February 26, 2009). That AD applies to the specified products. The NPRM 
published in the Federal Register on July 19, 2011 (76 FR 42607). That 
NPRM proposed to continue to require replacing the separation link 
assembly on the applicable entry and service doors with an improved 
separation link assembly, and doing related investigative and 
corrective actions if necessary. That NPRM also proposed to add an 
airplane to the applicability and also remove certain other airplanes 
from the applicability.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(76 FR 42607, July 19, 2011) and the FAA's response to each comment.

Request To Remove Certain Airplanes From the Applicability Statement

    ANA stated that it has converted seven airplanes to a freighter 
configuration, not the four that were described in the Actions Since 
Existing AD Was Issued section of the proposed AD (76 FR 42607, July 
19, 2011).
    We infer the commenter requested that we revise the applicability 
of this AD. Airplanes that have been converted to a freighter 
configuration do not have active escape slides that are affected by the 
unsafe condition. We have revised paragraph (c) of this AD to apply to 
airplanes operating in a passenger or passenger/cargo configuration, 
and to indicate that the requirements of this AD become applicable when 
an airplane is converted to a passenger or passenger/cargo 
configuration.

Request To Revise the Description of Certain Service Bulletins

    Boeing requested that the description of Boeing Special Attention 
Service Bulletin 767-25-0428, Revision 2, dated February 4, 2010; and 
Boeing Special Attention Service Bulletin 767-25-0428, Revision 3, 
dated October 21, 2010; be revised. Boeing noted that the descriptions 
given in the Relevant Service Information section of the proposed AD 
(76 FR 42607, July 19, 2011) do not match the revision descriptions as 
given in those service bulletins.
    We agree to provide clarification. The Relevant Service Information 
section is intended to describe only major changes made to the service 
information without describing those changes in detail. In addition, 
the Relevant Service Information section is not restated in a final 
rule. Therefore, we have not changed the AD in this regard.

Request To Provide Credit for Accomplishing a Service Bulletin With 
Information From an Information Notice

    United Airlines (UAL) requested that we provide credit for 
accomplishing Boeing Special Attention Service Bulletin 767-25-0428, 
Revision 2, dated February 4, 2010; and Boeing Service Bulletin 
Information Notice 767-25-0428 IN 03, dated May 6, 2010. Boeing Special 
Attention Service Bulletin 767-25-0428, Revision 3, dated October 21, 
2010, includes the information provided in that information notice.
    We partially agree. The content of an information notice is not 
approved by the FAA and is not intended to be used as a basis for 
deviation from an FAA-approved service bulletin. We have not revised 
the AD in this regard. However, we have provided credit for 
accomplishing Boeing Special Attention Service Bulletin 767-25-0428, 
Revision 2, dated February 4, 2010, in paragraph (h) of this final 
rule.

Explanation of Changes Made to This AD

    We have revised the wording in paragraph (h) of this AD. This 
change has not affected the intent of that paragraph.
    We have removed table 1 of the proposed AD (76 FR 42607, July 19, 
2011). Instead, we have added paragraph (g)(3) of this final rule to 
specify the applicable service information for accomplishing the 
actions required by paragraph (g) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously--and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 42607, July 19, 2011) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 42607, July 19, 2011).
    We also determined that this change will not increase the economic 
burden on any operator or increase the scope of the AD.

[[Page 33621]]

Costs of Compliance

    We estimate that this AD affects 355 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on  U.S.
             Action                   Labor cost          Parts cost       Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Replacement (retained actions     Up to 7 work-hours  Up to $10,671.....  Up to $11,266.....  Up to $3,999,430.
 from AD 2009-04-12, Amendment     x $85 per hour =
 39-15818 (74 FR 8717, February    $595.
 26, 2009)).
----------------------------------------------------------------------------------------------------------------

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2009-04-12, Amendment 39-15818 (74 FR 8717, February 26, 2009), and 
adding the following new AD:

2012-11-11 The Boeing Company: Amendment 39-17074; Docket No. FAA-
2011-0719; Directorate Identifier 2010-NM-087-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective July 12, 2012.

(b) Affected ADs

    This AD supersedes AD 2009-04-12, Amendment 39-15818 (74 FR 
8717, February 26, 2009).

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, and -
400ER series airplanes; operating in a passenger or passenger/cargo 
configuration; certificated in any category; as identified in Boeing 
Special Attention Service Bulletin 767-25-0428, Revision 3, dated 
October 21, 2010. The requirements of this AD become applicable at 
the time an airplane operating in an all-cargo configuration is 
converted to a passenger or passenger/cargo configuration.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 25: Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by reports that entry and service doors did 
not open fully during deployment of emergency escape slides, and 
reports of missing snap rings. We are issuing this AD to prevent 
failure of an entry or service door to open fully in the event of an 
emergency evacuation, which could impede exit from the airplane. 
This condition could result in injury to passengers or crewmembers.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Replacement

    This paragraph restates the requirements of paragraph (f) of AD 
2009-04-12, Amendment 39-15818 (74 FR 8717, February 26, 2009). At 
the applicable time specified in paragraphs (g)(1) and (g)(2) of 
this AD, replace the separation link assembly on the deployment bar 
of the emergency escape system on all the applicable entry and 
service doors with an improved separation link assembly, and do all 
the applicable related investigative and corrective actions before 
further flight, by accomplishing all of the applicable actions 
specified in the Accomplishment Instructions of any service bulletin 
identified in paragraphs (g)(3)(i) through (g)(3)(iii) of this AD. 
After April 2, 2009 (the effective date of AD 2009-04-12), only the 
service bulletins specified in paragraphs (g)(3)(ii) and (g)(3)(iii) 
of this AD may be used to accomplish the actions required by this 
paragraph. After the effective date of this AD, only the service 
bulletin identified in paragraph (g)(3)(iii) of this AD may be used 
to accomplish the actions required by this paragraph.
    (1) For airplanes other than those having variable number VN 
137: Within 48 months after April 2, 2009 (the effective date of AD 
2009-04-12, Amendment 39-15818 (74 FR 8717, February 26, 2009)).
    (2) For the airplane having variable number VN 137: Within 48 
months after the effective date of this AD.
    (3) Use the following service information, as applicable, to 
accomplish the actions required by paragraph (g) of this AD.
    (i) Boeing Special Attention Service Bulletin 767-25-0428, dated 
August 23, 2007.
    (ii) Boeing Special Attention Service Bulletin 767-25-0428, 
Revision 1, dated May 8, 2008.
    (iii) Boeing Special Attention Service Bulletin 767-25-0428, 
Revision 3, dated October 21, 2010.

(h) Credit for Previous Actions

    This paragraph provides credit for the replacement required by 
paragraph (g) of this AD, if that replacement was performed before 
the effective of this AD using Boeing Special

[[Page 33622]]

Attention Service Bulletin 767-25-0428, Revision 2, dated February 
4, 2010.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) AMOCs approved for AD 2009-04-12, Amendment 39-15818 (74 FR 
8717, February 26, 2009), are approved as AMOCs for the 
corresponding provisions of this AD.

(j) Related Information

    For more information about this AD, contact Kimberly DeVoe, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-6495; 
fax: (425) 917-6590; email: [email protected].

(k) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (2) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (i) The following service information was approved for IBR on 
July 12, 2012.
    (A) Boeing Special Attention Service Bulletin 767-25-0428, 
Revision 3, dated October 21, 2010.
    (ii) The following service information was approved for IBR on 
April 2, 2009 (74 FR 8717, February 26, 2009).
    (A) Boeing Special Attention Service Bulletin 767-25-0428, 
Revision 1, dated May 8, 2008.
    (B) Boeing Special Attention Service Bulletin 767-25-0428, dated 
August 23, 2007.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; email [email protected]; 
Internet https://www.myboeingfleet.com.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may also review copies of the service information that 
is incorporated by reference 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 May 24, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-13554 Filed 6-6-12; 8:45 am]
BILLING CODE 4910-13-P