[Federal Register Volume 68, Number 134 (Monday, July 14, 2003)]
[Rules and Regulations]
[Pages 41519-41521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17675]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 134 / Monday, July 14, 2003 / Rules 
and Regulations  

[[Page 41519]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-282-AD; Amendment 39-13227; AD 2003-14-08]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-600, 737-700, 737-
700C, 737-800, 737-900, 757, and 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD); 
applicable to all Boeing Model 737-600, 737-700, 737-700C, 737-800, 
737-900, 757, and 767 series airplanes; that requires revising the 
Airplane Flight Manual (AFM) to advise the flightcrew to don oxygen 
masks as a first and immediate step when a cabin altitude warning 
occurs. This action is necessary to prevent incapacitation of the 
flightcrew due to lack of oxygen, which could result in loss of control 
of the airplane. This action is intended to address the identified 
unsafe condition.

DATES: Effective August 18, 2003.

ADDRESSES: Information pertaining to this AD may be examined at the 
Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Donald Eiford, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6465; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all Boeing Model 737-600, 737-700, 
737-700C, 737-800, 737-900, 757, and 767 series airplanes was published 
in the Federal Register on February 24, 2003 (68 FR 8560). That action 
proposed to require revising the Airplane Flight Manual (AFM) to advise 
the flightcrew to don oxygen masks as a first and immediate step when a 
cabin altitude warning occurs.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. The FAA has duly considered the 
comments received.

Support for the Proposed AD

    One commenter concurs with the proposed AD, and several other 
commenters had no objection to the proposed AD.

Request To Modify Cabin Altitude Warning System

    One commenter notes that there is no ``CABIN ALT'' or ``CABIN 
ALTITUDE'' warning light in the Boeing Model 737-800 series airplanes 
that it operates, and for this reason, the commenter suspects that the 
proposed AD does not apply to its airplanes. The commenter states that 
the only warning of excessive cabin altitude is the intermittent 
warning horn. The commenter suggests that the cabin altitude warning 
system installed on the airplane could be greatly enhanced by a 
modification that would give the flightcrew a visual warning of 
improper altitude. The commenter also suggests that the cabin altitude 
warning should be duplicated in the forward and aft galley areas.
    We infer that the commenter is requesting clarification of the 
applicability and requirements of this proposed AD. We agree that such 
clarification is needed. Our intent was for this AD to apply to all 
airplanes listed in the applicability, regardless of the equipment 
associated with the cabin altitude warning system. We have confirmed 
with the airplane manufacturer that the Model 737-600, -700, -700C, -
800, and -900 series airplanes subject to this AD have a cabin altitude 
warning horn instead of a warning light. Thus, we have revised Figure 1 
of this AD to replace the reference to the illumination of the cabin 
altitude light with a reference to the sounding of the cabin altitude 
warning horn.
    Further, with regard to the commenter's specific requests to add a 
cabin warning light on the flight deck and duplicate the cabin altitude 
warning in the forward and aft galley areas, we acknowledge the 
concerns of the commenter. While there may be merit to the commenter's 
suggestions, this AD is not the appropriate context in which to 
evaluate those suggestions. We have determined that the cabin altitude 
warning horn is an adequate means to alert the flightcrew to an unsafe 
condition and provides an acceptable level of safety when combined with 
the changes to procedures required by this AD. No further change to the 
AD is necessary in this regard.

Request To Coordinate Rulemaking Activity

    One commenter notes that its understanding is that AD 2003-03-15, 
amendment 39-13039 (68 FR 4892, January 31, 2003), may be revised in 
the future. (The proposed AD explains that the proposed actions are 
similar to those in AD 2003-03-15.) The commenter asks us to consider 
establishing a common compliance time between the proposed AD and any 
future revision of AD 2003-03-15. The commenter states that it would 
like to accomplish all AFM changes in a one-time effort to ensure 
consistency and standardization among its manuals, especially for 
similar airplane fleets. Related to consistency and standardization, 
the commenter is also concerned about the variations in operational 
procedures in the AFM revisions. The commenter states that, while the 
AFM may differ in format from one model to another, there should not be 
procedural differences related to responding to a cabin altitude 
warning.
    We acknowledge the commenter's concerns but do not concur with the 
commenter's request. We find that it is not possible to establish a 
common compliance time between this AD and a possible future proposed 
AD, because the timelines for these rulemaking actions are different. 
We have already proposed this AD and allowed opportunity for the public 
to comment, but, at this time, we are still considering further 
rulemaking to revise AD 2003-03-15. In light of the identified unsafe 
condition, we find that it would be

[[Page 41520]]

inappropriate to delay issuance of this action indefinitely to wait for 
development of a proposal to revise AD 2003-03-15.
    We also acknowledge the commenter's concerns about ensuring 
consistency among its AFMs, and we agree that it may be desirable to 
have the same wording in the AFMs for all models. However, the effort 
to achieve commonality is compromised by differences in the terminology 
used to identify similar equipment on different models, and the subtle 
differences in existing procedures between models. In developing the 
AFM changes contained in this AD, we limited the scope of changes 
within each affected AFM to avoid introducing standardized wording that 
may be incompatible with equipment on the airplane model or may 
contradict other procedures in the AFM.
    No further change to the final rule is necessary in this regard.

Conclusion

    After 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 change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Explanation of Change to Cost Impact

    After the proposed AD was issued, we reviewed the figures we use to 
calculate the labor rate to do the required actions. To account for 
various inflationary costs in the airline industry, we find it 
appropriate to increase the labor rate used in these calculations from 
$60 per work hour to $65 per work hour. The economic impact 
information, below, has been revised to reflect this increase in the 
specified hourly labor rate.

Cost Impact

    There are approximately 3,107 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,599 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 1 
work hour per airplane to accomplish the required AFM revision, and 
that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of this AD on U.S. operators is estimated to 
be $103,935, or $65 per airplane.
    The cost impact figure discussed above is 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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, 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:

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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-14-08 Boeing: Amendment 39-13227. Docket 2002-NM-282-AD.

    Applicability: All Model 737-600, 737-700, 737-700C, 737-800, 
737-900, 757, and 767 series airplanes; certificated in any 
category.

    Note 1: The requirements of this AD are similar to those in AD 
2003-03-15, amendment 39-13039, which applies to various Boeing and 
McDonnell Douglas transport category airplanes.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent incapacitation of the flightcrew due to lack of 
oxygen, which could result in loss of control of the airplane, 
accomplish the following:

Revision to the Airplane Flight Manual

    (a) Within 90 days after the effective date of this AD: For the 
applicable airplane models listed in the ``For--'' column of Table 1 
of this AD, revise the procedures regarding donning oxygen masks in 
the event of rapid depressurization, as contained in the Emergency 
Procedures or Non-Normal Procedures section of the Airplane Flight 
Manual (AFM), as applicable, by replacing the text in the 
``Replace--'' column of Table 1 of this AD with the information in 
the applicable figure referenced in the ``With the Information In--
'' column of Table 1 of this AD. This may be accomplished by 
recording the AD number of this AD on the applicable figure and 
inserting it into the AFM. Table 1 and Figures 1 through 3 follow:

                         Table 1.--AFM Revisions
------------------------------------------------------------------------
                                                            With the
             For--                     Replace--        Information in--
------------------------------------------------------------------------
Boeing Model 737-600, -700, -   ``Rapid                 Figure 1 of this
 700C, -800, and -900 series     Depressurization        AD.
 airplanes.                      (With airplane
                                 altitude abvoe 14,000
                                 feet M.S.L.).
                                Oxygen Masks &
                                 Regulators--ON,
                                 100%''

[[Page 41521]]

 
Boeing Model 757-200, -200PF, - ``Rapid                 Figure 2 of this
 200CB; and Boeing Model 767-    Depressurization.       AD.
 200, -300, and -300F series    Recall................
 airplanes.                     Oxygen Masks and
                                 Regulators--ON''.
Boeing Model 757-300 series     ``Rapid                 Figure 3 of this
 airplanes.                      Depressurization.       AD.
                                Put on oxygen masks,
                                 and establish crew
                                 communications''.
Boeing Model 767-400ER series   ``Rapid                 Figure 3 of this
 airplanes.                      Depressurization.       AD.
                                Turn on oxygen masks,
                                 and establish crew
                                 communications''.
------------------------------------------------------------------------

Figure 1

For Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes

    Insert the information in this figure into the ``Non-Normal 
Procedures'' section of the FAA-approved Airplane Flight Manual.

``Cabin Altitude Warning or Rapid Depressurization

    Condition: The cabin altitude warning horn sounds:
    Oxygen Masks & Regulators ON, 100%''
    The rest of the steps under this heading in the AFM are 
unchanged.

Figure 2

For Boeing Model 757-200, -200PF, and -200CB; and Model 767-200, -300, 
and -300F Series Airplanes

    Insert the information in this figure into the ``Emergency 
Procedures'' section of the FAA-approved Airplane Flight Manual.

``Cabin Altitude Warning or Rapid Depressurization

    Condition: The CABIN ALT or CABIN ALTITUDE light illuminated 
indicates cabin altitude is excessive:
    RECALL
    Oxygen Masks & Regulators ON, 100%''
    The rest of the steps under this heading in the AFM are 
unchanged.

Figure 3

For Boeing Model 757-300 and 767-400ER Series Airplanes

    Insert the information in this figure into the ``Non-Normal 
Procedures'' section of the FAA-approved Airplane Flight Manual.

``Cabin Altitude Warning or Rapid Depressurization

    Condition: The CABIN ALT or CABIN ALTITUDE light illuminated 
indicates cabin altitude is excessive:
    Put on oxygen masks and establish crew communications.''
    The rest of the steps under this heading in the AFM are 
unchanged.

Alternative Methods of Compliance

    (b) An 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. Operators shall submit their requests through an 
appropriate FAA Principal Operations Inspector, who may add comments 
and then send it to the Manager, Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (c) Special 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.

Effective Date

    (d) This amendment becomes effective on August 18, 2003.

    Issued in Renton, Washington, on July 7, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-17675 Filed 7-11-03; 8:45 am]
BILLING CODE 4910-13-P