[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Proposed Rules]
[Pages 53155-53159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21556]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1222; Directorate Identifier 2010-NM-268-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -
900, and -900ER series airplanes. That NPRM proposed to require 
checking the escape slide girt for serviceability, and

[[Page 53156]]

replacement if necessary; modifying the cable routing provision; 
replacing the regulator padding; modifying the aspirator orientation; 
and modifying the valise. That NPRM also proposed to require, for 
certain airplanes, modifying or replacing the Vespel piston, modifying 
the pilot valve regulator, installing a new firing cable and safety 
pin, and modifying the slide valise. That NPRM was prompted by reports 
of escape slides failing to deploy from the forward and aft right-hand 
doors during scheduled maintenance slide deployments. This action 
revises that NPRM by adding airplanes to the applicability of that NPRM 
and specifying revised service information. We are proposing this 
supplemental NPRM to prevent failure of an escape slide to deploy, 
which could result in the slide being unusable during an emergency 
evacuation and increased likelihood of injury to passengers or 
crewmembers due to the difficulty in evacuating the airplane. Since 
these actions impose an additional burden over that proposed in the 
NPRM, we are reopening the comment period to allow the public the 
chance to comment on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by October 
15, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Goodrich Corporation, Aircraft Interior Products, Attn: Technical 
Publications, 3414 South Fifth Street, Phoenix, Arizona 85040; phone: 
602-243-2270; Internet: http://www.goodrich.com/TechPubs. 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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Sarah Piccola, Aerospace Engineer, 
Cabin Safety & Environmental Systems Branch, ANM-150S, Seattle Aircraft 
Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone: 425-917-6483; fax: 425-917-6590; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1222; 
Directorate Identifier 2010-NM-268-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that 
would apply to The Boeing Company Model 737-600, -700, -700C, -800, -
900, and -900ER series airplanes. That NPRM published in the Federal 
Register on November 8, 2011 (76 FR 69159). That NPRM proposed to 
require checking the escape slide girt for serviceability and 
replacement if necessary, modifying the cable routing provision, the 
aspirator orientation, the valise, and replacing the regulator padding. 
That NPRM also proposed to require, for certain airplanes, modifying or 
replacing the Vespel piston, modifying the pilot valve regulator, 
modifying the slide valise, and installing a new firing cable and 
safety pin.

Actions Since Previous NPRM (76 FR 69159, November 8, 2011) Was Issued

    Since we issued the previous NPRM (76 FR 69159, November 8, 2011), 
new service information has been issued that provides clarifications 
and minor corrections, and adds data. Additionally, an error was 
discovered in the part numbers (P/Ns) specified in paragraph (c), 
``Applicability,'' of that NPRM. The specification of ``P/N 5A3307-1, -
3, -5, or -301, S/N BNG0001 through BNG5707 inclusive,'' is incorrect. 
The part number should have read ``P/N 5A3307-1, -3, -5, or -301, S/N 
BNG0001 through BNG14499 inclusive.'' We have changed the supplemental 
NPRM in this regard.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(76 FR 69159, November 8, 2011). The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Requests To Use Revised Service Information

    Boeing, United Airlines (United), and Goodrich Corporation 
(Goodrich) requested that the previous NPRM (76 FR 69159, November 8, 
2011) be changed to incorporate revised service information to ensure 
that operators are incorporating the most current revision of the 
service information.
    We agree that current service information should be incorporated 
into this supplemental NPRM. Goodrich Service Bulletin 5A3307-25-389, 
Revision 2, dated May 4, 2012; and Goodrich Service Bulletin 5A3307-25-
339, Revision 5, dated May 4, 2012; provide minor corrections, updated 
pricing, and additional data. The technical content of these documents 
has not been changed. We have changed paragraphs (g) and (h)(1) of the 
supplemental NPRM to refer to Goodrich Service Bulletin 5A3307-25-389, 
Revision 2, dated May 4, 2012; and Goodrich Service Bulletin 5A3307-25-
339, Revision 5, dated May 4, 2012; as applicable. We have changed 
paragraph (i) of the supplemental NPRM to include credit for 
modifications of the escape slide done before the effective date of the 
AD using Goodrich Service Bulletin 5A3307-25-339, Revision 3, dated May 
8, 2009; or Revision 4, dated October 1, 2011. Modification of the 
escape slide specified in Goodrich Service Bulletin 5A3307-25-389, 
Revision 2, dated May 4, 2012, consists of modifying the cable routing 
provision, replacing the

[[Page 53157]]

regulator padding, modifying the aspirator orientation, and modifying 
the valise. Modification of the escape slide specified in Goodrich 
Service Bulletin 5A3307-25-339, Revision 5, dated May 4, 2012, consists 
of modifying the pilot valve regulator P/N 4A3865-2, -3, or -4, as 
applicable; installing a new firing cable and safety pin; and modifying 
the slide valise.

Requests To Change Applicability

    Goodrich, Boeing, United, AirTran Airways (AirTran), and Southwest 
Airlines (Southwest) requested that we change or clarify the 
applicability of the pervious NPRM (76 FR 69159, November 8, 2011) to 
include slide P/N 5A3307-1, -3, -5, or -301, S/Ns BNG0001 through 
BNG14499 inclusive. Boeing stated that this change ``will ensure that 
all applicable 5A3307 series evacuation slides have been identified for 
incorporation of the Goodrich Service Bulletin 5A3307-25-389 
modifications.''
    We agree that S/Ns BNG0001 through BNG14499 inclusive should be 
included in the applicability of this supplemental NPRM as explained 
previously. We have changed paragraph (c) of the supplemental NPRM to 
include P/N 5A3307-1, -3, -5, or -301, S/N BNG0001 through BNG14499 
inclusive.

Requests To Remove Slide Part Numbers From the NPRM (76 FR 69159, 
November 8, 2011)

    Goodrich, United, and Boeing requested that we remove slide P/N 
5A3086-1, -3, or -301, S/Ns B3F001 through B3F611 inclusive; P/N 
5A3088-1, -3, or -301, S/Ns B3A001 through B3A685 inclusive; from the 
NPRM (76 FR 69159, November 8, 2011). Goodrich stated that 
specification of slide P/N 5A3086-1, -3, or -301, S/Ns B3F001 through 
B3F611 inclusive; and P/N 5A3088-1, -3, or -301, S/Ns B3A001 through 
B3A685 inclusive; is inappropriate for the proposed AD, because the 
unsafe condition that the proposed AD addresses is not an issue for the 
P/Ns 5A3086 and 5A3088 series slides. Goodrich also stated that the 
design of the P/Ns 5A3086 and 5A3088 series slides precludes the type 
of event that has been experienced with the P/N 5A3307 series slides. 
Goodrich provided detailed information to support its request.
    We agree. Including these additional parts is confusing and is not 
directly related to the unsafe condition addressed by this supplemental 
NPRM. We have changed paragraph (c) of the supplemental NPRM to remove 
slide P/N 5A3086-1, -3, or -301, S/Ns B3F001 through B3F611 inclusive; 
and P/N 5A3088-1, -3, or -301, S/Ns B3A001 through B3A685 inclusive; 
from the supplemental NPRM.

Request To Remove Girt Check

    Goodrich requested that the girt check be removed from the previous 
NPRM (76 FR 69159, November 8, 2011). Goodrich stated that the girt 
condition was not a causative factor in the unsafe condition described 
in the previous NPRM. The girt condition check is not a configuration 
requirement of the slide modification, which addresses the slide 
nondeployment issue. Rather, the girt condition check is included in 
the Goodrich service information because it falls under the heading of 
good general maintenance practice. Goodrich stated that the girt check 
specified in the Goodrich service information was not a causative 
factor in the unsafe condition described by the previous NPRM and 
questions the need for it to be called out in the AD.
    We agree. The girt condition check is not a configuration 
requirement of the slide modification, which addresses the slide non-
deployment issue. We have removed the girt condition check from 
paragraph (g) of the supplemental NPRM.

Requests To Remove Parts Installation Restriction

    United, American, WestJet, Southwest, Goodrich, and AirTran 
requested that we remove paragraph (j) of the NPRM (76 FR 69159, 
November 8, 2011), which prohibits installing certain parts on any 
airplane after the effective date of the AD. The commenters stated that 
this prohibition would prevent the use of affected spare slide 
assemblies (un-modified) during modification of the slide units of the 
previous NPRM, as well as the removal and reinstallation of the same 
affected unit on an airplane. The commenters asserted that this 
requirement could restrict an airline's ability to return an airplane 
to service due to a shortage of parts.
    Boeing requested that we remove paragraphs (j)(1) and (j)(3) from 
the previous NPRM (76 FR 69159, November 8, 2011). The P/N 5A3086-1, -
3, and -301 evacuation slides; and P/N 5A3088-1, -3, and -301 
evacuation slides are not affected by Goodrich Service Bulletin 5A3307-
25-389, Revision 1, dated October 1, 2011, which is the subject of the 
previous NPRM. Boeing stated that, once the evacuation slide has been 
modified as specified in Goodrich Service Bulletin 5A3307-25-389, 
Revision 1, dated October 1, 2011, into the new P/N 5A3307-7 
configuration, the old regulator and regulator valve padding parts will 
have been replaced with new parts; therefore, just listing P/N 5A3307-
1, -3, -5, and -301 evacuation slides would cover the old regulator and 
regulator valve padding parts.
    We agree with removing the parts installation restriction, since 
this prohibition could make it difficult for operators to maintain 
their airplanes. After the effective date of the AD, if the slides are 
removed for any reason, this prohibition could lead to an airplane with 
slides having mixed part numbers. We have removed paragraph (j) from 
the supplemental NPRM, and redesiginated subsequent paragraphs 
accordingly.

Request To Remove Repeated Wording

    United requested that we address the need for repeating 
accomplishment instructions within paragraphs (g) and (h) of the 
previous NPRM (76 FR 69159, November 8, 2011). United stated that this 
information is already contained within Goodrich Service Bulletins 
5A3307-25-389, Revision 1, dated October 1, 2011; and 5A3307-25-339, 
Revision 4, dated October 1, 2011; respectively, and by repeating this 
information, the AD could contain dated information.
    We agree that repeating the specifics of the accomplishment 
instructions in paragraphs (g) and (h) of the supplemental NPRM is 
unnecessary in this case. We have changed paragraphs (g) and (h) of the 
supplemental NPRM to require modifying the escape slide in accordance 
with the applicable service information. We have described the 
specifics of modifying the escape slide in paragraphs (g) and (h) of 
the supplemental NPRM in the previous response under comment ``Request 
to Use Revised Service Information.'' No further change is necessary in 
this regard.

Request To Remove Certain Part Numbers

    United requested that we address repetitive slide part numbers in 
the previous NPRM (76 FR 69159, November 8, 2011), which have already 
been subjected to previous AD rulemaking. United stated that including 
slide part numbers that were subjected to previously issued rulemaking, 
such as AD 2008-24-08, Amendment 39-15748 (73 FR 72320, November 28, 
2008), undermines the rulemaking process and forces operators to 
demonstrate compliance against certain part numbers for a second time.
    We agree and have removed P/Ns 5A3307-1 and 5A3307-3, which were 
the subject of previous rulemaking (AD 2008-24-08, Amendment 39-15748 
(73

[[Page 53158]]

FR 72320, November 28, 2008)), from this supplemental NPRM.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design. Certain changes described above expand the scope of the 
original NPRM. As a result, we have determined that it is necessary to 
reopen the comment period to provide additional opportunity for the 
public to comment on this supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions 
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 557 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Modify girt and valise, and      2 work-hours x $85 per  $223.............  $393.............  $218,901.
 replace padding.                 hour = $170.
Modify regulator valve, install  1 work-hour x $85 per   Between $1,749     Between $1,834     Between
 cable and pin, and modify        hour = $85.             and $1,836.        and $1,921.        $1,021,538 and
 slide valise.                                                                                  $1,069,997.
Modify Vespel piston...........  1 work-hour x $85 per   $0...............  $85..............  $47,345.
                                  hour = $85.
Optional Vespel piston           Up to 1 work-hour x     Up to $612.......  Up to $697.......  Up to $388,229.
 replacement.                     $85 per hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the check of the girt. 
We have no way of determining the number of aircraft that might need 
these replacements.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Girt replacement (Goodrich Service          1 work-hour x $85 per hour = $85..            $942           $1,027
 Bulletin 5A3307-25-389, Revision 2, dated
 May 4, 2012).
----------------------------------------------------------------------------------------------------------------

    According to the parts supplier, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2011-1222; Directorate Identifier 
2010-NM-268-AD.

(a) Comments Due Date

    We must receive comments by October 15, 2012.

[[Page 53159]]

(b) Affected ADs

    This AD affects AD 2008-24-08, Amendment 39-15748 (73 FR 72320, 
November 28, 2008).

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes; certificated in any 
category; with Goodrich Corporation door escape slide part number 
(P/N) 5A3307-1, -3, -5, or -301, serial number (S/N) BNG0001 through 
BNG14499 inclusive.

(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 of escape slides failing to 
deploy from the forward and aft right-hand doors during scheduled 
maintenance slide deployments. We are issuing this AD to prevent 
failure of an escape slide to deploy, which could result in the 
slide being unusable during an emergency evacuation and increased 
likelihood of injury to passengers or crewmembers due to the 
difficulty in evacuating the airplane.

(f) Compliance

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

(g) Slide Modification

    Within 36 months after the effective date of this AD: Modify the 
escape slide in accordance with the Accomplishment Instructions of 
Goodrich Service Bulletin 5A3307-25-389, Revision 2, dated May 4, 
2012.

(h) Concurrent Requirements

    (1) For slide P/N 5A3307-301: Prior to or concurrently with 
accomplishing the actions required by paragraph (g) of this AD, 
modify the escape slide in accordance with the Accomplishment 
Instructions of Goodrich Service Bulletin 5A3307-25-339, Revision 5, 
dated May 4, 2012.
    (2) For slide P/N 5A3307-301 or 5A3307-5: Prior to or 
concurrently with accomplishing the actions required by paragraph 
(g) of this AD, modify the Vespel piston in the regulator valves, or 
replace the Vespel piston with a new or serviceable Vespel piston P/
N 3A3566-2 or 3A3832-2, as applicable, in accordance with the 
Accomplishment Instructions of Goodrich Service Bulletin 25-349, 
Revision 1, dated January 11, 2010.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraph (h)(1) of this AD, if those actions were performed before 
the effective date of this AD using Goodrich Service Bulletin 
5A3307-25-339, Revision 1, dated September 26, 2003; Revision 2, 
dated March 31, 2004; Revision 3, dated May 8, 2009; or Revision 4, 
dated October 1, 2011; which are not incorporated by reference in 
this AD.
    (2) This paragraph provides credit for the modification or 
replacement of the Vespel piston in the regulator valves required by 
paragraph (h)(2) of this AD, if those actions were performed before 
the effective date of this AD using Goodrich Service Bulletin 25-
349, dated September 15, 2004, which is not incorporated by 
reference in this AD.

(j) 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.

(k) Related Information

    (1) For more information about this AD, contact Sarah Piccola, 
Aerospace Engineer, Cabin Safety & Environmental Systems Branch, 
ANM-150S, Seattle Aircraft Certification Office (ACO), FAA, 1601 
Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-6483; 
fax: 425-917-6590; email: [email protected].
    (2) For service information identified in this AD, contact 
Goodrich Corporation, Aircraft Interior Products, ATTN: Technical 
Publications, 3414 South Fifth Street, Phoenix, Arizona 85040; 
phone: 602-243-2270; Internet: http://www.goodrich.com/TechPubs. You 
may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, the FAA, 1601 Lind Avenue SW., 
Renton, Washington. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on August 24, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-21556 Filed 8-30-12; 8:45 am]
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