AD 95-15-01

This amendment supersedes an existing airworthiness directive (AD), applicable to certain Boeing Model 767 series airplanes equipped with over-wing escape slides, that currently requires modification of the trailing edge panels and the aft flaps. That amendment was prompted by the results of functional tests of over-wing escape slides, which revealed that some slides were damaged when they were deployed across sharp corners on the trailing edge of the wing and the large gaps between the trailing edge panels of the wing. This amendment expands the applicability of the existing AD to include additional airplanes. The actions specified by this AD are intended to prevent damage to the over-wing escape slide, which could hinder inflation of the slide to a usable configuration during an emergency evacuation.

Final rule.

95-15-01 BOEING: Amendment 39-9304. Docket 95-NM-08-AD. Supersedes AD 93-25-06, Amendment 39-8772. \n\n\tApplicability: Model 767 series airplanes, having line positions 1 through 542 inclusive, and equipped with over-wing escape slides; certificated in any category. \n\n\tNOTE 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must use the authority provided in paragraph (c) of this AD to request approval from the FAA. This approval may address either no action, if the current configuration eliminates the unsafe condition; or different actions necessary to address the unsafe condition described in this AD. Such a request should include an assessment of the effect of the changed configuration on the unsafe condition addressed by this AD. In no case does the presence of any modification, alteration, or repair remove any airplane from the applicability of this AD. \n\n\tCompliance: Required as indicated, unless accomplished previously. \n\n\tTo prevent damage to the over-wing escape slide, which could hinder inflation of the slide to a usable configuration during an emergency evacuation, accomplish the following: \n\n\t(a)\tFor airplanes having line numbers 1 through 476 inclusive: Within 15 months after January 31, 1994 (the effective date of AD 93-25-06, amendment 39-8772), modify the trailing edge panels and the aft flaps, in accordance with Boeing Service Bulletin 767-57-0043, Revision 1, dated May 6, 1993; Revision 2, dated September 16, 1993; or Revision 3, dated February 2, 1995. \n\n\t(b)\tFor airplanes having line numbers 477 through 542 inclusive: Within 15 months after the effective date of this AD, modify the trailing edge panels and the aft flaps, in accordance with Boeing Service Bulletin 767-57-0043, Revision 1, dated May 6, 1993; Revision 2, dated September 16, 1993; or Revision 3, dated February 2, 1995. \n\n\t(c)\tAn alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Seattle ACO. \n\n\tNOTE 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Seattle ACO. \n\n\t(d)\tSpecial flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished. \n\n\t(e)\tThe modifications shall be done in accordance with Boeing Service Bulletin 767-57- 0043, Revision 1, dated May 6, 1993; Boeing Service Bulletin 767-57-0043, Revision 2, dated September 16, 1993; or Boeing Service Bulletin 767-57-0043, Revision 3, dated February 2, 1995; as applicable. The incorporation by reference of Boeing Service Bulletin 767-57-0043, Revision 3, dated February 2, 1995, is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The incorporation by reference of the remainder of the service documents listed above was approved previously by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51 as of January 31, 1994 (58 FR 69221, December 30, 1993). Copies may be obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. \n\n\t(f)\tThis amendment becomes effective on August 24, 1995.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) by superseding AD 93-25-06, amendment 39-8772 (58 FR 69221, December 30, 1993), which is applicable to certain Boeing Model 767 series airplanes equipped with over-wing escape slides, was published in the Federal Register on April 3, 1995 (60 FR 16817). That action proposed to continue to require modification of the trailing edge panels and the aft flaps. The action also proposed to revise the applicability of the existing rule to include additional airplanes. \n\n\tInterested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the single comment received. \n\n\tThe commenter requests that the FAA revise the term "serial numbers" to "line numbers" in paragraphs (a) and (b) of the proposal. The FAA concurs. The FAA has determined that the commenter's wording is more accurate, and has revised the finalrule accordingly. \n\n\tThe commenter requests that the FAA revise paragraph (b) of the proposal to include Boeing Service Bulletin 767-57-0043, Revision 1, dated May 6, 1993, and Revision 2, dated September 16, 1993, as additional sources of service information. The commenter states that the modification procedures described in those revisions are identical to those described in Revision 3 of Boeing Service Bulletin 767-57-0043, dated February 2, 1995 (referenced in paragraph (b) of the proposal as the appropriate source of service information.) The FAA has reviewed Revision 1 and Revision 2 of Boeing Service Bulletin 767-57-0043 and has determined that the modification procedures described in those service bulletins are essentially identical to Revision 3 of the Boeing service bulletin. Revision 3 of the Boeing service bulletin only revises the effectivity listing to include additional airplanes. Therefore, the FAA has revised paragraph (b) of the final rule to reference Revision1 and Revision 2 of Boeing Service Bulletin 767-57-0043 as additional sources of service information. \n\n\tAfter careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes previously described. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. \n\n\tThere are approximately 542 Model 767 series airplanes equipped with over-wing escape slides of the affected design in the worldwide fleet. The FAA estimates that 178 airplanes of U.S. registry will be affected by this AD, that it will take approximately 40 work hours per airplane to accomplish the required actions, and that the average labor rate is $60 per work hour. Required parts will be supplied by the manufacturer at no cost to the operators. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $427,200, or $2,400 per airplane. \n\n\tHowever, approximately 166 U.S.-registered airplanes previously were required by AD 93-25- 06 to accomplish the subject modification. This AD will affect only 12 additional U.S.-registered airplanes. Therefore, the cost to modify these 12 newly added airplanes is estimated to be $28,800, or $2,400 per airplane. \n\n\tThe total cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. \n\n\tThe regulations adopted herein will not have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. \n\n\tFor the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES." \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.\n\nAdoption of the Amendment \n\n\tAccordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: \n\nPART 39 - AIRWORTHINESS DIRECTIVES \n\n\t1.\tThe authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. § 39.13 - (Amended) \n\n\t2.\tSection 39.13 is amended by removing amendment 39-8772 (58 FR 69221, December 30, 1993), and by adding a new airworthiness directive (AD), amendment 39-9304, to read as follows: