[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30763-30765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11359]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0265; Directorate Identifier 2007-NM-213-AD; 
Amendment 39-15531; AD 2008-11-09]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 727 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Boeing Model 727 airplanes. This AD requires repetitive inspections for 
any cracking of or damage to the left side and right side flight deck 
No. 2, No. 4, and No. 5 windows, as necessary, and corrective actions 
if necessary. This AD results from reports of in-flight departure and 
separation of the flight deck windows. We are issuing this AD to detect 
and correct cracking in the vinyl interlayer or damage to the 
structural inner glass panes of the flight deck No. 2, No. 4, and No. 5 
windows, which could result in loss of a window and rapid loss of cabin 
pressure. Loss of cabin pressure could cause crew communication 
difficulties or crew incapacitation.

DATES: This AD is effective July 3, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 3, 
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: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6577; 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 
all Boeing Model 727 series airplanes. That NPRM was published in the 
Federal Register on December 3, 2007 (72 FR 67873). That NPRM proposed 
to require repetitive inspections for any cracking of or damage to the 
left side and right side flight deck No. 2, No. 4, and No. 5 windows, 
as necessary, and corrective actions if necessary.

Changes Made to This AD

    We have deleted paragraph (h)(4) of the NPRM and added a new 
paragraph (h) to this AD specifying that installation of metallic 
window blanks at cockpit eyebrow windows No. 4 and No. 5 in accordance 
with Supplemental Type Certificate (STC) ST01704SE terminates the 
initial and repetitive inspections for the flight deck No. 4 and No. 5 
windows required by paragraph (f) of this AD. Incorporation of STC 
ST01704SE is considered a terminating action, not an alternative method 
of compliance (AMOC), since an AMOC can only be issued after an AD has 
been issued. We have also reidentified the AMOC paragraph of the NPRM 
as paragraph (i) in this AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the two commenters.

Support for the NPRM

    Boeing supports the NPRM.

Request To Extend Compliance Times

    FedEx requests that we extend the compliance time to 36 months or 
3,600 flight hours, whichever occurs later, for the initial inspections 
of the flight deck No. 2, No. 4, and No. 5 windows and the repetitive 
intervals for the No. 4 and No.

[[Page 30764]]

5 windows. FedEx states this extension will allow it to do the initial 
inspections at a scheduled maintenance check. FedEx also states that 
extending the repetitive interval will allow the repetitive inspections 
of the No. 2, No. 4, and No. 5 to be done concurrently.
    We do not agree with the request to extend certain compliance 
times. In developing an appropriate compliance time for this action, we 
considered the urgency associated with the subject unsafe condition and 
the practical aspect of accomplishing the required inspections within a 
period of time that corresponds to the normal scheduled maintenance for 
most affected operators. However, according to the provisions of 
paragraph (i) of this AD, we may approve requests to adjust the 
compliance time if the request includes data that show that the new 
compliance time would provide an acceptable level of safety.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    There are about 790 airplanes of the affected design in the 
worldwide fleet. This AD affects about 431 airplanes of U.S. registry. 
The required actions take about 2 work hours per airplane, at an 
average labor rate of $80 per work hour. Based on these figures, the 
estimated cost of the AD for U.S. operators is $68,960, or $160 per 
airplane, per inspection cycle.

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:

2008-11-09 Boeing: Amendment 39-15531. Docket No. FAA-2007-0265; 
Directorate Identifier 2007-NM-213-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective July 3, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 727, 727C, 727-100, 727-
100C, 727-200, and 727-200F series airplanes, certificated in any 
category.

Unsafe Condition

    (d) This AD results from reports of in-flight departure and 
separation of the flight deck windows. We are issuing this AD to 
detect and correct cracking in the vinyl interlayer or damage to the 
structural inner glass panes of the flight deck No. 2, No. 4, and 
No. 5 windows, which could result in loss of a window and rapid loss 
of cabin pressure. Loss of cabin pressure could cause crew 
communication difficulties or crew incapacitation.

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.

Repetitive Inspections and Replacement

    (f) At the applicable times specified in Tables 1, 2, and 3 of 
paragraph 1.E. of Boeing Alert Service Bulletin 727-56A0019, dated 
June 6, 2007, except as provided by paragraph (g) of this AD: Do the 
internal and external detailed inspections for any cracking of or 
damage to the left side and right side flight deck No. 2, No. 4, and 
No. 5 windows, as applicable, and do the applicable corrective 
actions before further flight, by accomplishing all of the 
applicable actions specified in the Accomplishment Instructions of 
Boeing Alert Service Bulletin 727-56A0019, dated June 6, 2007. 
Repeat the inspections thereafter at the applicable interval 
specified in paragraph 1.E. of Boeing Alert Service Bulletin 727-
56A0019, dated June 6, 2007.

Exception to Compliance Times

    (g) Where Tables 1, 2, and 3 of paragraph 1.E. of Boeing Alert 
Service Bulletin 727-56A0019, dated June 6, 2007, specify counting 
the compliance time from ``* * * the date on this service 
bulletin,'' this AD requires counting the compliance time from the 
effective date of this AD.

Optional Terminating Action

    (h) Installation of metallic window blanks at cockpit eyebrow 
windows No. 4 and No. 5 in accordance with Supplemental Type 
Certificate ST01704SE terminates the initial and repetitive 
inspections for the flight deck No. 4 and No. 5 windows required by 
paragraph (f) of this AD. All other applicable actions required by 
paragraph (f) of this AD must be fully complied with.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
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.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option

[[Page 30765]]

Authorization Organization who has been authorized by the Manager, 
Seattle ACO, to make those findings. For a repair method to be 
approved, the repair must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin 727-56A0019, 
dated June 6, 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 May 10, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-11359 Filed 5-28-08; 8:45 am]
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