[Federal Register Volume 73, Number 28 (Monday, February 11, 2008)]
[Rules and Regulations]
[Pages 7666-7667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2363]



[[Page 7666]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28921; Directorate Identifier 2007-NM-091-AD; 
Amendment 39-15371; AD 2008-03-20]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-300, -400, and -500 
Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 737-300, -400, and -500 series airplanes. This AD 
requires, among other actions, modifying the door-mounted escape system 
of the forward right side door slide compartment. This AD results from 
reports indicating that the forward right escape slide inflated 90 
degrees out of alignment after deployment from the forward right side 
slide compartment. We are issuing this AD to prevent the escape slide 
from being unusable during an emergency evacuation and consequent 
injury to passengers or crewmembers.

DATES: This AD becomes effective March 17, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 17, 
2008.

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: Robert Hettman, Aerospace Engineer, 
Cabin Safety & Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6457; 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 would apply to certain Boeing Model 
737-300, -400, and -500 series airplanes. That NPRM was published in 
the Federal Register on August 16, 2007 (72 FR 45972). That NPRM 
proposed to require, among other actions, modifying the door-mounted 
escape system of the forward right side door slide compartment.

Comments

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

Support for NPRM

    Boeing and the Air Transport Association (ATA), on behalf of its 
member Continental, support the NPRM as proposed.

Request To Allow Replacement of Entire Compartment Assembly

    The ATA requests that operators be allowed to replace the entire 
compartment assembly rather than modifying it in accordance with Boeing 
Special Attention Service Bulletin 737-25-1567, dated March 21, 2007 
(referred to as the appropriate source of service information in the AD 
for accomplishing the required modification). The ATA has concerns 
about the availability of the slide compartment parts from Boeing.
    We partially agree with the ATA. We agree that replacing the entire 
compartment assembly may be an alternative method of compliance (AMOC) 
to the modification requirements of this AD. However, we do not have 
service information which describes such a replacement. We consider 
delaying issuance of this AD until Boeing revises Boeing Special 
Attention Service Bulletin 737-25-1567 or develops other service 
information to be inappropriate, since we have determined that an 
unsafe condition exists and that modification of the door-mounted 
escape system must be done to ensure continued safety. However, under 
the provision of paragraph (h) of this AD, we might consider requests 
for approval of an AMOC if sufficient data are submitted to 
substantiate that such a design change would provide an acceptable 
level of safety.
    In consideration of the ATA's concern about parts availability, we 
have confirmed with Boeing that it can provide the material listed in 
Boeing Special Attention Service Bulletin 737-25-1567 within the 60-
month compliance time. The only new component required to modify the 
compartment assembly is the material for the enlarged window. 
Therefore, we have made no change to the final rule in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    There are about 1,949 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 660 airplanes of U.S. 
registry. The required modification and installation actions will take 
about 2 work hours per airplane, at an average labor rate of $80 per 
work hour. Required parts will cost about $207 per airplane. Based on 
these figures, the estimated cost of the AD for U.S. operators is 
$242,220, or $367 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.

[[Page 7667]]

    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 
adding the following new airworthiness directive (AD):

2008-03-20 Boeing: Amendment 39-15371. Docket No. FAA-2007-28921; 
Directorate Identifier 2007-NM-091-AD.

Effective Date

    (a) This AD becomes effective March 17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-300, -400, and -500 
series airplanes, certificated in any category; as identified in 
Boeing Special Attention Service Bulletin 737-25-1567, dated March 
21, 2007.

Unsafe Condition

    (d) This AD results from reports indicating that the forward 
door escape slide inflated 90 degrees out of alignment after 
deployment from the forward right side slide compartment. We are 
issuing this AD to prevent the escape slide from being unusable 
during an emergency evacuation and consequent injury to passengers 
or crewmembers.

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.

Modification and Installation

    (f) Within 60 months after the effective date of this AD, modify 
the door-mounted escape system of the forward right side door slide 
compartment, in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 737-25-1567, dated March 
21, 2007.

Prior to or Concurrent Requirement

    (g) Prior to or concurrently with the requirements of paragraph 
(f) of this AD, accomplish the requirements of AD 2004-02-08, 
amendment 39-13443.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with 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.

Material Incorporated by Reference

    (i) You must use Boeing Special Attention Service Bulletin 737-
25-1567, dated March 21, 2007, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
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 January 30, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-2363 Filed 2-8-08; 8:45 am]
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