Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes, 30760-30763 [E8-11336]

Download as PDF 30760 Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations corresponding actions specified in paragraph (k) of this AD. Terminating Action for Certain Airplanes (p) For Model 757–200 and –300 series airplanes: Installing and maintaining TDG Aerospace, Inc. Universal Fault Interrupter (UFI), in accordance with Supplemental Type Certificate (STC) ST01950LA, terminates the actions required by paragraphs (g) through (m) of this AD; provided that, concurrently with installing a UFI on any airplane in an operator’s fleet, a placard is installed adjacent to the pilot’s primary flight display on all airplanes in the operator’s fleet not equipped with a UFI. The placard reads as follows (alternative placard wording may be used if approved by an appropriate FAA Principal Operations Inspector): ‘‘AD 2002– 24–51 fuel usage restrictions required.’’ Installation of a placard in accordance with paragraph (e) of AD 2002–19–52 or paragraph (h) of this AD is acceptable for compliance with the placard installation required by this paragraph. Installing a UFI in accordance with STC ST01950LA, or an automatic shutoff system in accordance with paragraph (g) of this AD, on an airplane terminates the placard installation required by this paragraph for only that airplane. Installing UFIs in accordance with STC ST01950LA, or automatic shutoff systems in accordance with paragraph (g) of this AD, on all airplanes in an operator’s fleet terminates the placard installation required by this paragraph for all airplanes in an operator’s fleet. If UFIs or automatic shutoff systems are installed concurrently on all airplanes in an operator’s fleet, or if operation according to the fuel usage restrictions of AD 2002–24–51 is maintained until UFIs or automatic shutoff systems are installed on all airplanes in an operator’s fleet, the placard installation specified in this paragraph is not required. corresponding action required by paragraphs (j) and (m) of this AD. Terminating Action for AWLs Revision (q) Incorporating AWLs No. 28–AWL–20 and No. 28–AWL–26 into the AWLs section of the ICA in accordance with paragraph (g)(3) of AD 2008–10–11 terminates the Material Incorporated by Reference Alternative Methods of Compliance (AMOCs) (r)(1) The Manager, Seattle ACO, 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. (s) You must use the service information contained in Table 2 of this AD to do the actions required by this AD, as applicable, unless the AD specifies otherwise. TABLE 2.—MATERIAL INCORPORATED BY REFERENCE Service information Revision Date BAE Systems Service Bulletin 233N3206–28–03 ............................................................................ Boeing Alert Service Bulletin 757–28A0081 .................................................................................... Boeing Alert Service Bulletin 757–28A0082 .................................................................................... Boeing Service Bulletin 757–28A0105 ............................................................................................. Boeing 757 Maintenance Planning Data Document, D622N001–9, Section 9, Subsection G ....... Boeing Temporary Revision 09–006 to the Boeing 757 Maintenance Planning Data Document, D622N001–9. Boeing Temporary Revision 09–006 is published as Section 9 of the Boeing 757 Maintenance Planning Data Document, D622N001–9, Revision January 2007. Original ......................... Original ......................... Original ......................... 1 ................................... January 2006 ............... Original ......................... October 4, 2006. February 16, 2006. February 16, 2006. April 2, 2007. January 2006. January 2007. (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 that is 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: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. 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 certain publications 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. Issued in Renton, Washington, on May 8, 2008. Michael J. Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–11275 Filed 5–28–08; 8:45 am] pwalker on PROD1PC71 with RULES BILLING CODE 4910–13–P VerDate Aug<31>2005 17:07 May 28, 2008 Jkt 214001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–0263; Directorate Identifier 2007–NM–207–AD; Amendment 39–15530; AD 2008–11–08] RIN 2120–AA64 Airworthiness Directives; Boeing Model 737–600, –700, –700C, –800, –900, and –900ER Series Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for all Boeing Model 737–600, –700, –700C, –800, –900, and –900ER series 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 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 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, E:\FR\FM\29MYR1.SGM 29MYR1 Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations Support for the NPRM Boeing and AirTran Airways agree with the NPRM. 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6447; 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 737–600, –700, –700C, –800, and –900 series airplanes. That NPRM was published in the Federal Register on December 3, 2007 (72 FR 67864). 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 pwalker on PROD1PC71 with RULES We have revised the applicability of this AD to clearly identify that Boeing Model 737–900ER series airplanes are also subject to the requirements of this AD. These airplanes were not previously identified in the applicability of the NPRM because they were type certificated after issuance of Boeing Alert Service Bulletin 737– 56A1022, dated July 18, 2007, which we referenced for the applicability of the NPRM. Although these airplanes are not explicitly identified in the effectivity of the service bulletin, they are included as Group 2 airplanes in the service bulletin. 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) ST01630SE 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 ST01630SE is considered a terminating action, not an alternative method of compliance (AMOC), since an AMOC can be issued only after an AD has been issued. We also have reidentified the AMOC paragraph of the NPRM as paragraph (j) in this AD. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received from the three commenters. VerDate Aug<31>2005 17:07 May 28, 2008 Jkt 214001 Request To Add Terminating Action AirTran Airways and Continental Airlines (CAL) request that we revise the NPRM to specify that installing structural plugs at cockpit eyebrow windows No. 4 and No. 5 in accordance with Boeing Service Bulletin 737–56– 1017, dated May 17, 2006; or Revision 1, dated February 15, 2007; terminates the initial and repetitive inspections for the flight deck No. 4 and No. 5 windows. CAL notes that a similar statement is found in Tables 2 and 3 of Boeing Alert Service Bulletin 737– 56A1022, dated July 18, 2007. (We referred to Boeing Alert Service Bulletin 737–56A1022 as the appropriate source of service information for accomplishing the proposed requirements of the NPRM.) We agree with the commenters and have added a new paragraph (i) to this AD accordingly. Request To Revise the Applicability CAL requests that we limit the applicability of the NPRM to airplanes delivered before line number 2589. As justification, CAL states that new production airplanes do not include the flight deck No. 4 and No. 5 windows, and that Boeing is in the final stages of approving a new, improved flight deck No. 2 window, part numbers 5–89355– 87 and –88. According to CAL, the new, improved No. 2 window, which is manufactured by PPG Aerospace, is designed specifically to address the unsafe condition of the NPRM. CAL also states that Boeing plans to install the new, improved No. 2 windows on new production airplanes this year. We do not agree to exclude any airplanes from the applicability of this AD. The affected flight deck No. 2 windows are interchangeable with the new, improved windows manufactured by PPG Aerospace; therefore, the unsafe condition could be introduced on a new production airplane if an affected No. 2 window is installed after airplane delivery. We have not changed this AD in this regard. Request To Track Compliance Time by Flight Cycles AirTran Airways requests that we add an option to this AD to allow operators to track the inspections by airplane flight cycles instead of window flight hours, provided that any used window is inspected before it is installed. AirTran Airways states that tracking compliance by a component rather than by airplane is more difficult due to the PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 30761 extra work and documentation generated for the removal and installation of a component. According to AirTran Airways, tracking compliance by component also increases the opportunity for human factor errors. AirTran Airways also states that tracking inspections by airplane flight cycles will accomplish the inspections within the same timeframe as proposed in the NPRM and be less of a burden. We disagree with allowing operators to track compliance by airplane flight cycles because the unsafe condition is primarily related to window flight hours. The utilization of airplanes within the fleet varies from short to long flight hours per flight cycle. Therefore, we have not changed this AD in this regard. Request To Revise the Compliance Time for the No. 2 Window CAL requests that we revise the compliance time for the initial inspection of the flight deck No. 2 window to within 36 months or 7,500 flight hours, whichever occurs first, after the window installation; or to within 24 months, for windows installed more than 36 months ago or for windows where the number of flight hours is unknown. CAL states that the NPRM, which proposes to require the initial inspection within 24 months after the effective date of this AD regardless of the age or flight time of the window, unnecessarily penalizes operators who proactively inspect and replace the No. 2 window before the AD is issued. CAL also states that, according to the wording in the NPRM, a window replaced one day before the effective date of the AD would need to be reinspected within 24 months, but a window inspected and replaced one day after the effective date of the AD would not need to be re-inspected until 36 months or 7,500 window flight hours. We do not agree to revise the compliance time for the initial inspection of the flight deck No. 2 window. According to paragraph (e) of this AD, an operator is responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. If the initial inspection of the No. 2 window was done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 737–56A1022, dated July 18, 2007, then the initial inspection does not need to be accomplished again; only the repetitive inspections would need to be accomplished in accordance with the service bulletin at the applicable interval specified in the service bulletin. E:\FR\FM\29MYR1.SGM 29MYR1 30762 Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations If the initial and repetitive inspections of the No. 2 window are done before the effective date of this AD, but are not done in accordance with the service bulletin, then those inspections are not acceptable for compliance with this AD unless an AMOC is issued for those prior inspections. Under the provisions of paragraph (j) of this AD, we will consider requests for approval of an AMOC if sufficient data are submitted to substantiate that prior inspections incorporate similar criteria to what is provided for in the service bulletin. Therefore, no change to this AD is necessary in this regard. Request for an AMOC for a Parts Manufacturer Approval (PMA) Equivalent Part CAL states that the FAA has approved a new, improved flight deck No. 2 window designed by GKN Aerospace Transparency Systems, under PMA Holder No. PQ1250NM, Supplement 10, dated September 17, 2007. CAL also states that the new, improved No. 2 window was designed to prevent the premature failure of the window, and that the new, improved window addresses the unsafe condition of the NPRM. CAL, therefore, requests that we add a new AMOC paragraph to this AD, which would exempt the new, improved No. 2 window from the required inspections. We do not agree to allow the PMA equivalent No. 2 window as an AMOC to the required inspections. Although the window has been approved as a PMA equivalent part, the commenter has not provided data showing that the PMA equivalent window is not susceptible to the same vinyl interlayer cracking. However, under the provisions of paragraph (j) of this AD, we will consider requests for approval of an AMOC if sufficient data are submitted to substantiate that the design change would provide an acceptable level of safety. No change to this AD is necessary in this regard. pwalker on PROD1PC71 with RULES 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 2,127 airplanes of the affected design in the worldwide fleet. This AD affects about 737 airplanes of U.S. registry. The required actions take VerDate Aug<31>2005 17:07 May 28, 2008 Jkt 214001 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 $117,920, 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 Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: I PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: I 2008–11–08 Boeing: Amendment 39–15530. Docket No. FAA–2007–0263; Directorate Identifier 2007–NM–207–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 737–600, –700, –700C, –800, –900, and –900ER 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 737–56A1022, dated July 18, 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 737–56A1022, dated July 18, 2007. Repeat the inspections thereafter at the applicable interval specified in paragraph 1.E. of Boeing Alert Service Bulletin 737–56A1022, dated July 18, 2007. Exception to Compliance Times (g) Where Tables 1, 2, and 3 of paragraph 1.E. of Boeing Alert Service Bulletin 737– 56A1022, dated July 18, 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. E:\FR\FM\29MYR1.SGM 29MYR1 Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations Optional Terminating Actions (h) Installation of metallic window blanks at cockpit eyebrow windows No. 4 and No. 5 in accordance with Supplemental Type Certificate ST01630SE 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. (i) Installation of structural plugs at cockpit eyebrow windows No. 4 and No. 5 in accordance with Boeing Service Bulletin 737–56–1017, dated May 17, 2006; or Revision 1, dated February 15, 2007, 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. pwalker on PROD1PC71 with RULES Alternative Methods of Compliance (AMOCs) (j)(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 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 (k) You must use Boeing Alert Service Bulletin 737–56A1022, dated July 18, 2007, to do the actions required by this AD, unless the AD specifies otherwise. If you do the optional actions specified in this AD, you must use Boeing Service Bulletin 737–56– 1017, dated May 17, 2006; or Boeing Service Bulletin 737–56–1017, Revision 1, dated February 15, 2007, 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 VerDate Aug<31>2005 17:07 May 28, 2008 Jkt 214001 202–741–6030, or go to: https:// 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. E8–11336 Filed 5–28–08; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: 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. 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. DATES: 30763 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. Examining the AD Docket Support for the NPRM Boeing supports the NPRM. 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 AD, the regulatory 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. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\29MYR1.SGM 29MYR1

Agencies

[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30760-30763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11336]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0263; Directorate Identifier 2007-NM-207-AD; 
Amendment 39-15530; AD 2008-11-08]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series 
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 certain publications 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 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 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,

[[Page 30761]]

1200 New Jersey Avenue, SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6447; 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 737-600, -700, -700C, -800, and -900 series airplanes. 
That NPRM was published in the Federal Register on December 3, 2007 (72 
FR 67864). 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 revised the applicability of this AD to clearly identify 
that Boeing Model 737-900ER series airplanes are also subject to the 
requirements of this AD. These airplanes were not previously identified 
in the applicability of the NPRM because they were type certificated 
after issuance of Boeing Alert Service Bulletin 737-56A1022, dated July 
18, 2007, which we referenced for the applicability of the NPRM. 
Although these airplanes are not explicitly identified in the 
effectivity of the service bulletin, they are included as Group 2 
airplanes in the service bulletin.
    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) ST01630SE 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 
ST01630SE is considered a terminating action, not an alternative method 
of compliance (AMOC), since an AMOC can be issued only after an AD has 
been issued. We also have reidentified the AMOC paragraph of the NPRM 
as paragraph (j) in this AD.

Comments

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

Support for the NPRM

    Boeing and AirTran Airways agree with the NPRM.

Request To Add Terminating Action

    AirTran Airways and Continental Airlines (CAL) request that we 
revise the NPRM to specify that installing structural plugs at cockpit 
eyebrow windows No. 4 and No. 5 in accordance with Boeing Service 
Bulletin 737-56-1017, dated May 17, 2006; or Revision 1, dated February 
15, 2007; terminates the initial and repetitive inspections for the 
flight deck No. 4 and No. 5 windows. CAL notes that a similar statement 
is found in Tables 2 and 3 of Boeing Alert Service Bulletin 737-
56A1022, dated July 18, 2007. (We referred to Boeing Alert Service 
Bulletin 737-56A1022 as the appropriate source of service information 
for accomplishing the proposed requirements of the NPRM.)
    We agree with the commenters and have added a new paragraph (i) to 
this AD accordingly.

Request To Revise the Applicability

    CAL requests that we limit the applicability of the NPRM to 
airplanes delivered before line number 2589. As justification, CAL 
states that new production airplanes do not include the flight deck No. 
4 and No. 5 windows, and that Boeing is in the final stages of 
approving a new, improved flight deck No. 2 window, part numbers 5-
89355-87 and -88. According to CAL, the new, improved No. 2 window, 
which is manufactured by PPG Aerospace, is designed specifically to 
address the unsafe condition of the NPRM. CAL also states that Boeing 
plans to install the new, improved No. 2 windows on new production 
airplanes this year.
    We do not agree to exclude any airplanes from the applicability of 
this AD. The affected flight deck No. 2 windows are interchangeable 
with the new, improved windows manufactured by PPG Aerospace; 
therefore, the unsafe condition could be introduced on a new production 
airplane if an affected No. 2 window is installed after airplane 
delivery. We have not changed this AD in this regard.

Request To Track Compliance Time by Flight Cycles

    AirTran Airways requests that we add an option to this AD to allow 
operators to track the inspections by airplane flight cycles instead of 
window flight hours, provided that any used window is inspected before 
it is installed. AirTran Airways states that tracking compliance by a 
component rather than by airplane is more difficult due to the extra 
work and documentation generated for the removal and installation of a 
component. According to AirTran Airways, tracking compliance by 
component also increases the opportunity for human factor errors. 
AirTran Airways also states that tracking inspections by airplane 
flight cycles will accomplish the inspections within the same timeframe 
as proposed in the NPRM and be less of a burden.
    We disagree with allowing operators to track compliance by airplane 
flight cycles because the unsafe condition is primarily related to 
window flight hours. The utilization of airplanes within the fleet 
varies from short to long flight hours per flight cycle. Therefore, we 
have not changed this AD in this regard.

Request To Revise the Compliance Time for the No. 2 Window

    CAL requests that we revise the compliance time for the initial 
inspection of the flight deck No. 2 window to within 36 months or 7,500 
flight hours, whichever occurs first, after the window installation; or 
to within 24 months, for windows installed more than 36 months ago or 
for windows where the number of flight hours is unknown. CAL states 
that the NPRM, which proposes to require the initial inspection within 
24 months after the effective date of this AD regardless of the age or 
flight time of the window, unnecessarily penalizes operators who 
proactively inspect and replace the No. 2 window before the AD is 
issued. CAL also states that, according to the wording in the NPRM, a 
window replaced one day before the effective date of the AD would need 
to be re-inspected within 24 months, but a window inspected and 
replaced one day after the effective date of the AD would not need to 
be re-inspected until 36 months or 7,500 window flight hours.
    We do not agree to revise the compliance time for the initial 
inspection of the flight deck No. 2 window. According to paragraph (e) 
of this AD, an operator is responsible for having the actions required 
by this AD performed within the compliance times specified, unless the 
actions have already been done. If the initial inspection of the No. 2 
window was done before the effective date of this AD in accordance with 
Boeing Alert Service Bulletin 737-56A1022, dated July 18, 2007, then 
the initial inspection does not need to be accomplished again; only the 
repetitive inspections would need to be accomplished in accordance with 
the service bulletin at the applicable interval specified in the 
service bulletin.

[[Page 30762]]

If the initial and repetitive inspections of the No. 2 window are done 
before the effective date of this AD, but are not done in accordance 
with the service bulletin, then those inspections are not acceptable 
for compliance with this AD unless an AMOC is issued for those prior 
inspections. Under the provisions of paragraph (j) of this AD, we will 
consider requests for approval of an AMOC if sufficient data are 
submitted to substantiate that prior inspections incorporate similar 
criteria to what is provided for in the service bulletin. Therefore, no 
change to this AD is necessary in this regard.

Request for an AMOC for a Parts Manufacturer Approval (PMA) Equivalent 
Part

    CAL states that the FAA has approved a new, improved flight deck 
No. 2 window designed by GKN Aerospace Transparency Systems, under PMA 
Holder No. PQ1250NM, Supplement 10, dated September 17, 2007. CAL also 
states that the new, improved No. 2 window was designed to prevent the 
premature failure of the window, and that the new, improved window 
addresses the unsafe condition of the NPRM. CAL, therefore, requests 
that we add a new AMOC paragraph to this AD, which would exempt the 
new, improved No. 2 window from the required inspections.
    We do not agree to allow the PMA equivalent No. 2 window as an AMOC 
to the required inspections. Although the window has been approved as a 
PMA equivalent part, the commenter has not provided data showing that 
the PMA equivalent window is not susceptible to the same vinyl 
interlayer cracking. However, under the provisions of paragraph (j) of 
this AD, we will consider requests for approval of an AMOC if 
sufficient data are submitted to substantiate that the design change 
would provide an acceptable level of safety. No change to this AD is 
necessary in this regard.

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 2,127 airplanes of the affected design in the 
worldwide fleet. This AD affects about 737 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 $117,920, 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:

2008-11-08 Boeing: Amendment 39-15530. Docket No. FAA-2007-0263; 
Directorate Identifier 2007-NM-207-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 737-600, -700, -700C, -
800, -900, and -900ER 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 737-56A1022, dated 
July 18, 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 737-56A1022, dated July 18, 2007. 
Repeat the inspections thereafter at the applicable interval 
specified in paragraph 1.E. of Boeing Alert Service Bulletin 737-
56A1022, dated July 18, 2007.

Exception to Compliance Times

    (g) Where Tables 1, 2, and 3 of paragraph 1.E. of Boeing Alert 
Service Bulletin 737-56A1022, dated July 18, 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.

[[Page 30763]]

Optional Terminating Actions

    (h) Installation of metallic window blanks at cockpit eyebrow 
windows No. 4 and No. 5 in accordance with Supplemental Type 
Certificate ST01630SE 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.
    (i) Installation of structural plugs at cockpit eyebrow windows 
No. 4 and No. 5 in accordance with Boeing Service Bulletin 737-56-
1017, dated May 17, 2006; or Revision 1, dated February 15, 2007, 
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)

    (j)(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 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

    (k) You must use Boeing Alert Service Bulletin 737-56A1022, 
dated July 18, 2007, to do the actions required by this AD, unless 
the AD specifies otherwise. If you do the optional actions specified 
in this AD, you must use Boeing Service Bulletin 737-56-1017, dated 
May 17, 2006; or Boeing Service Bulletin 737-56-1017, Revision 1, 
dated February 15, 2007, 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: https://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. E8-11336 Filed 5-28-08; 8:45 am]
BILLING CODE 4910-13-P
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