Airworthiness Directives; Boeing Model 767-200, -300, and -400ER Series Airplanes, 2190-2192 [E8-378]

Download as PDF 2190 Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Proposed Rules to DHS social service programs, or provided in conjunction with any benefits or services supported by direct financial assistance from DHS pursuant to DHS social service programs, is in no way contingent on participation or attendance at such activities. (d) The restrictions on inherently religious activities set forth in this section do not apply to programs where DHS funds are provided to chaplains to work with inmates in detention facilities or where DHS funds are provided to religious or other organizations for programs in detention facilities, in which such organizations assist chaplains in carrying out their duties. § 19.5 Nondiscrimination requirements. An organization that receives direct financial assistance from DHS pursuant to a social service program for any program or activity shall not favor or discriminate against a beneficiary or prospective beneficiary of said program or activity on the basis of religion, belief or religious practice. § 19.6 Independence of faith-based organizations. (b) Where a DHS program contains independent statutory or regulatory provisions that impose nondiscrimination requirements on all grantees, the provisions are not waived or mitigated by this regulation. Accordingly, grantees should consult with the appropriate DHS program office to determine the scope of any applicable requirements. § 19.8 Commingling of Federal and State or local funds. (a) If a State or local government voluntarily contributes its own funds to supplement federally funded activities, the State or local government has the option to segregate the Federal funds or commingle them. (b) If the funds are commingled, the requirements of this section apply to all of the commingled funds. (c) If a State or local government is required to contribute matching funds to supplement a federally funded activity, the matching funds are considered commingled with the Federal assistance and therefore subject to the requirements of this section. 44 CFR CHAPTER 1—FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY § 19.7 Exemption from Title VII employment discrimination requirements. rmajette on PROD1PC64 with PROPOSALS (a) A faith-based organization that participates in a social services program administered by DHS or receives direct financial assistance from DHS for its own program or activity will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its beliefs. (b) Faith-based organizations may use space in their facilities to provide social services utilizing financial assistance from DHS without removing or concealing religious articles, texts, art or symbols. (c) A faith-based organization utilizing financial assistance from DHS for social services programs retains its authority over internal governance, and may also retain religious terms in its organization’s name, select its board members on a religious basis, and include religious references in its organization’s mission statements and other governing documents. § 206.226 facilities. (a) A faith-based organization’s exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1), is not forfeited when the organization seeks or receives funding from DHS for a social services program or otherwise participates in a DHS program. VerDate Aug<31>2005 15:19 Jan 11, 2008 Jkt 214001 Subchapter A—General 2. The authority citation for 44 CFR part 206 is revised to read as follows: Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5206; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979, Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR 1979 Comp., p. 412; E.O. 12673, 54 FR 12571, 3 CFR, 1989 Comp., p. 214; sections 206.226 and 206.434 are also issued under the authority of 5 U.S.C. 301; 6 U.S.C. 111, 112; E.O. 13279, 67 FR 77141 and E.O. 13403, 71 FR 28543. Subpart H—[Amended] 3. A new paragraph (l) to § 206.226 is added to read as follows: Restoration of damaged * * * * (l) Facilities owned, operated or controlled by faith-based organizations—If an organization is otherwise eligible to receive funding under this section, the organization’s status as faith-based shall not be considered in determining whether to authorize a grant or the amount of any such grant. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 4. Section 206.434(a)(2) is revised to read as follows: § 206.434 Eligibility. (a) * * * (2) Private nonprofit organizations or institutions that own or operate a private nonprofit facility as defined in § 206.221. If an organization is otherwise eligible to receive funding under this section, the organization’s status as faith-based shall not be considered in determining whether to authorize a grant or the amount of any such grant. * * * * * Dated: December 31, 2007. Michael Chertoff, Secretary. [FR Doc. E8–463 Filed 1–11–08; 8:45 am] BILLING CODE 4410–10–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0012; Directorate Identifier 2007–NM–204–AD] RIN 2120–AA64 PART 206—[AMENDED] * Subpart N—[Amended] Airworthiness Directives; Boeing Model 767–200, –300, and –400ER Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 767–200, –300, and –400ER series airplanes. This proposed AD would require an inspection to determine the manufacturer and manufacture date of the oxygen masks in the passenger service units and the flight attendant and lavatory oxygen boxes, as applicable. This proposed AD would also require related investigative/ corrective actions if necessary. This proposed AD results from a report that several passenger masks with broken inline flow indicators were found following a mask deployment. We are proposing 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 E:\FR\FM\14JAP1.SGM 14JAP1 Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Proposed Rules attendants to hypoxia following a depressurization event. DATES: We must receive comments on this proposed AD by February 28, 2008. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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 https:// 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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: rmajette on PROD1PC64 with PROPOSALS Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2008–0012; Directorate Identifier 2007–NM–204–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. VerDate Aug<31>2005 15:19 Jan 11, 2008 Jkt 214001 We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received a report indicating that several passenger masks with broken in-line flow indicators were found following a mask deployment on a Boeing Model 777–200 series airplane. Operators subsequently found several more broken in-line flow indicators after examining the oxygen mask assemblies on other Model 777 series airplanes and on Model 747–400 series airplanes. Investigation revealed that certain flow indicators are weaker and can fracture because of internal residual stresses caused by the flow indicator joint design and manufacturing processes. Fractures cause the in-line flow indicator to separate and consequently prevent oxygen flow to the mask during an emergency. This condition, if not corrected, could result in exposure of the passengers and cabin attendants to hypoxia following a depressurization event. The oxygen masks on certain Model 777 airplanes and Model 747–400 series airplanes have the same flow indicators as those installed on certain Model 767– 200, –300, and –400ER series airplanes. Therefore, the Model 767–200, –300, and –400ER series airplanes may be subject to the identified unsafe condition. Relevant Service Information We have reviewed Boeing Special Attention Service Bulletin 767–35– 0054, dated July 6, 2006. The service bulletin describes procedures for a general visual inspection to determine the manufacturer and manufacture date of the oxygen masks in the passenger service units and the flight attendant and lavatory oxygen boxes, as applicable. The service bulletin also describes procedures for doing related investigative and corrective actions. The related investigative action is a general visual inspection of the flow indicator to determine the color of the flow direction mark and the word ‘‘flow’’ on the flow indicator, if the identification (ID) label shows that the manufacturer is B/E Aerospace and the manufacture date is between January 1, 2002, and March 1, 2006. The corrective action is the installation of a new oxygen mask having an improved flow indicator, if the existing oxygen mask is found to be one of the discrepant masks. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 2191 Boeing Special Attention Service Bulletin 767–35–0054 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 getting a new oxygen mask having an improved flow indicator. B/E Aerospace Service Bulletin 174080–35–01 describes procedures for modifying the oxygen mask assembly by replacing the flow indicator, part number (P/N) 118023–02, with an improved flow indicator, P/N 118023–12. B/E Aerospace Service Bulletin 174080–35–01 also specifies that, as an alternative to modifying the oxygen mask, operators may replace the oxygen mask with a new oxygen mask having the improved flow indicator. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA’s Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. For this reason, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously. Clarification Between the Proposed AD and Service Bulletin Although Boeing Special Attention Service Bulletin 767–35–0054 specifies to install a new oxygen mask having an improved flow indicator, the intent of the service bulletin is to replace it with either a new or modified oxygen mask having an improved flow indicator. Therefore, this proposed AD would require replacing the oxygen mask assembly with a new or modified oxygen mask assembly having an improved flow indicator. Costs of Compliance There are about 688 airplanes of the affected design in the worldwide fleet. This proposed AD would affect about 242 airplanes of U.S. registry. The proposed actions would take about 53 work hours per airplane, with an average of 360 oxygen masks per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $1,026,080, or $4,240 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue E:\FR\FM\14JAP1.SGM 14JAP1 2192 Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Proposed Rules 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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 the proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the 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 proposed 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, Safety. The Proposed Amendment rmajette on PROD1PC64 with PROPOSALS Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. VerDate Aug<31>2005 15:19 Jan 11, 2008 Jkt 214001 § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): Boeing: Docket No. FAA–2008–0012; Directorate Identifier 2007–NM–204–AD. Comments Due Date (a) The FAA must receive comments on this AD action by February 28, 2008. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 767– 200, –300, and –400ER series airplanes, certificated in any category; as identified in Boeing Special Attention Service Bulletin 767–35–0054, dated July 6, 2006. 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 units and the flight attendant and lavatory oxygen boxes, as applicable, and do the applicable related investigative and corrective actions, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of Boeing Special Attention Service Bulletin 767–35–0054, dated July 6, 2006; except where the service bulletin specifies installing a new oxygen mask, replace the oxygen mask with a new or modified oxygen mask having an improved flow indicator. The related investigative and corrective actions must be done before further flight. Note 1: The service bulletin 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 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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. Issued in Renton, Washington, on December 26, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–378 Filed 1–11–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0017; Directorate Identifier 2007–NM–268–AD] RIN 2120–AA64 Airworthiness Directives; Saab Model SAAB-Fairchild SF340A (SAAB/ SF340A) and SAAB 340B Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Subsequent to accidents involving Fuel Tank System explosions in flight * * * and on [the] ground, the FAA has published Special Federal Aviation Regulation No. 88 (SFAR–88) in June 2001 [which] required [conducting] a design review against explosion risks. * * * * * The potential of ignition sources (in certain fuel pumps, fuel switches, refuel shutoff valves, and optical sensors/ mechanical switches), in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by February 13, 2008. E:\FR\FM\14JAP1.SGM 14JAP1

Agencies

[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Proposed Rules]
[Pages 2190-2192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-378]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0012; Directorate Identifier 2007-NM-204-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -400ER 
Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 767-200, -300, and -400ER series airplanes. 
This proposed AD would require an inspection to determine the 
manufacturer and manufacture date of the oxygen masks in the passenger 
service units and the flight attendant and lavatory oxygen boxes, as 
applicable. This proposed AD would also require related investigative/
corrective actions if necessary. This proposed AD results from a report 
that several passenger masks with broken in-line flow indicators were 
found following a mask deployment. We are proposing 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

[[Page 2191]]

attendants to hypoxia following a depressurization event.

DATES: We must receive comments on this proposed AD by February 28, 
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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 https://
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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0012; 
Directorate Identifier 2007-NM-204-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received a report indicating that several passenger masks 
with broken in-line flow indicators were found following a mask 
deployment on a Boeing Model 777-200 series airplane. Operators 
subsequently found several more broken in-line flow indicators after 
examining the oxygen mask assemblies on other Model 777 series 
airplanes and on Model 747-400 series airplanes. Investigation revealed 
that certain flow indicators are weaker and can fracture because of 
internal residual stresses caused by the flow indicator joint design 
and manufacturing processes. Fractures cause the in-line flow indicator 
to separate and consequently prevent oxygen flow to the mask during an 
emergency. This condition, if not corrected, could result in exposure 
of the passengers and cabin attendants to hypoxia following a 
depressurization event.
    The oxygen masks on certain Model 777 airplanes and Model 747-400 
series airplanes have the same flow indicators as those installed on 
certain Model 767-200, -300, and -400ER series airplanes. Therefore, 
the Model 767-200, -300, and -400ER series airplanes may be subject to 
the identified unsafe condition.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 767-35-
0054, dated July 6, 2006. The service bulletin describes procedures for 
a general visual inspection to determine the manufacturer and 
manufacture date of the oxygen masks in the passenger service units and 
the flight attendant and lavatory oxygen boxes, as applicable. The 
service bulletin also describes procedures for doing related 
investigative and corrective actions. The related investigative action 
is a general visual inspection of the flow indicator to determine the 
color of the flow direction mark and the word ``flow'' on the flow 
indicator, if the identification (ID) label shows that the manufacturer 
is B/E Aerospace and the manufacture date is between January 1, 2002, 
and March 1, 2006. The corrective action is the installation of a new 
oxygen mask having an improved flow indicator, if the existing oxygen 
mask is found to be one of the discrepant masks.
    Boeing Special Attention Service Bulletin 767-35-0054 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 getting a new oxygen mask having an improved flow 
indicator. B/E Aerospace Service Bulletin 174080-35-01 describes 
procedures for modifying the oxygen mask assembly by replacing the flow 
indicator, part number (P/N) 118023-02, with an improved flow 
indicator, P/N 118023-12. B/E Aerospace Service Bulletin 174080-35-01 
also specifies that, as an alternative to modifying the oxygen mask, 
operators may replace the oxygen mask with a new oxygen mask having the 
improved flow indicator.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. For this reason, we are proposing this AD, 
which would require accomplishing the actions specified in the service 
information described previously.

Clarification Between the Proposed AD and Service Bulletin

    Although Boeing Special Attention Service Bulletin 767-35-0054 
specifies to install a new oxygen mask having an improved flow 
indicator, the intent of the service bulletin is to replace it with 
either a new or modified oxygen mask having an improved flow indicator. 
Therefore, this proposed AD would require replacing the oxygen mask 
assembly with a new or modified oxygen mask assembly having an improved 
flow indicator.

Costs of Compliance

    There are about 688 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 242 airplanes of 
U.S. registry. The proposed actions would take about 53 work hours per 
airplane, with an average of 360 oxygen masks per airplane, at an 
average labor rate of $80 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $1,026,080, or 
$4,240 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue

[[Page 2192]]

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 proposed 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2008-0012; Directorate Identifier 2007-NM-
204-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February 
28, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -400ER 
series airplanes, certificated in any category; as identified in 
Boeing Special Attention Service Bulletin 767-35-0054, dated July 6, 
2006.

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 units 
and the flight attendant and lavatory oxygen boxes, as applicable, 
and do the applicable related investigative and corrective actions, 
by accomplishing all of the applicable actions specified in the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-35-0054, dated July 6, 2006; except where the service 
bulletin specifies installing a new oxygen mask, replace the oxygen 
mask with a new or modified oxygen mask having an improved flow 
indicator. The related investigative and corrective actions must be 
done before further flight.

    Note 1: The service bulletin 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.

    Issued in Renton, Washington, on December 26, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-378 Filed 1-11-08; 8:45 am]
BILLING CODE 4910-13-P
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