[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Rules and Regulations]
[Pages 14666-14668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5276]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0346; Directorate Identifier 2007-NM-202-AD; 
Amendment 39-15436; AD 2008-06-24]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 737-300, -400, and -500 series airplanes. This AD requires 
an inspection to determine the manufacturer and manufacture date of the 
oxygen masks in the passenger service unit and the lavatory and 
attendant box assemblies, corrective action if necessary, and other 
specified action. This AD results from a report that several passenger 
masks with broken in-line flow indicators were found following a mask 
deployment. We are issuing this AD to prevent the in-line flow 
indicators of the passenger oxygen masks from fracturing and 
separating, which could inhibit oxygen flow to the masks and 
consequently result in exposure of the passengers and cabin attendants 
to hypoxia following a depressurization event.

[[Page 14667]]


DATES: This AD is effective April 23, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 23, 
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: Susan Letcher, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6474; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Model Boeing 737-300, -400, and -500 series airplanes. That 
NPRM was published in the Federal Register on December 19, 2007 (72 FR 
71830). That NPRM proposed to require an inspection to determine the 
manufacturer and manufacture date of the oxygen masks in the passenger 
service unit (PSU) and the lavatory and attendant box assemblies, 
corrective action if necessary, and other specified action.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    There are about 1,956 airplanes of the affected design in the 
worldwide fleet. This AD affects about 646 airplanes of U.S. registry. 
The required actions take about 16 work hours per airplane, for an 
average of 180 oxygen masks per airplane distributed in about 45 PSUs/
oxygen boxes, at an average labor rate of $80 per work hour. Required 
parts cost about $6 per oxygen mask, or $1,080 per airplane. Based on 
these figures, the estimated cost of the AD for U.S. operators is 
$1,524,560, or $2,360 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

    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), 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

2008-06-24 Boeing: Amendment 39-15436. Docket No. FAA-2007-0346; 
Directorate Identifier 2007-NM-202-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 23, 
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 737-35-1099, dated April 
9, 2007.

Unsafe Condition

    (d) This AD results from a report that several passenger masks 
with broken in-line flow indicators were found following a mask 
deployment. We are issuing this AD to prevent the in-line flow 
indicators of the passenger oxygen masks from fracturing and 
separating, which could inhibit oxygen flow to the masks and 
consequently result in exposure of the passengers and cabin 
attendants to hypoxia following a depressurization event.

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.

Inspection and Related Investigative/Corrective Actions if Necessary

    (f) Within 60 months after the effective date of this AD, do a 
general visual inspection to determine the manufacturer and 
manufacture date of the oxygen masks in the passenger service unit 
and the lavatory and attendant box assemblies, and do the applicable 
corrective action and other specified action, by accomplishing all 
of the applicable actions specified in the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 737-35-
1099, dated April 9, 2007; except where the service bulletin 
specifies repairing the oxygen mask assembly, replace it with a new

[[Page 14668]]

or modified oxygen mask assembly having an improved flow indicator. 
The corrective action and other specified action must be done before 
further flight.

    Note 1: Boeing Special Attention Service Bulletin 737-35-1099 
refers to B/E Aerospace Service Bulletin 174080-35-01, dated 
February 6, 2006; and Revision 1, dated May 1, 2006; as additional 
sources of service information for modifying the oxygen mask 
assembly by replacing the flow indicator with an improved flow 
indicator.

Alternative Methods of Compliance (AMOCs)

    (g)(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

    (h) You must use Boeing Special Attention Service Bulletin 737-
35-1099, dated April 9, 2007, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 
98124-2207.
    (3) You may review copies of the service information 
incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 9, 2008.
Stephen P. Boyd,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-5276 Filed 3-18-08; 8:45 am]
BILLING CODE 4910-13-P