Airworthiness Directives; Boeing Model 737 Airplanes, 66512-66514 [E8-26373]
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66512
Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations
(vi) Waste and water tubing; and
(vii) Areas attached to the underside of
floor panels.
(2) Remove the existing fuselage insulation
blankets and install new insulation blankets,
in accordance with the Accomplishment
Instructions of the applicable service bulletin
specified in Table 2 of this AD.
TABLE 2—BOEING SPECIAL ATTENTION SERVICE BULLETINS
Boeing Special Attention Service
Bulletin—
Dated—
For model—
(i) 727–25–0300 ..............................
(ii) 737–25–1572 .............................
(iii) 747–25–3429 ............................
April 30, 2008 ................................
April 30, 2008
April 30, 2008 ................................
(iv) 757–25–0295 ............................
(v) 767–25–0411 .............................
April 30, 2008 ................................
April 30, 2008 ................................
727–200 and –200F series airplanes.
737–200, 737–200C, 737–300, and 737–400 series airplanes.
747–100B, 747–100B SUD, 747–200B, 747–200C, 747–200F, 747–
300, 747–400, 747SP, and 747SR series airplanes.
757–200, 757–200CB, and 757–200PF series airplanes.
767–200 and 767–300 series airplanes.
Exception
(g) The actions described in paragraph (f)
are not required for any insulation blanket
that is determined not to be constructed of
AN–26, using an identification method
approved by the Manager, Seattle Aircraft
Certification Office (ACO), or in accordance
with Appendix A of the applicable service
bulletin specified in Table 2 of this AD.
Note 1: Insulation material that is partmarked with a date of manufacture indicating
that it was manufactured before July 1981 or
after December 1988 is not constructed of
AN–26.
Parts Installation
(h) As of the effective date of this AD, no
person may install any insulation blanket
constructed of AN–26 as a replacement
unless it has been modified to comply with
14 CFR 25.856(a), in accordance with a
method approved by the Manager, Seattle
ACO.
dwashington3 on PRODPC61 with RULES
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, Seattle ACO, ATTN:
Shannon Lennon, 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) 917–6436; fax (425) 917–6590; has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(j) You must use the applicable service
information contained in Table 3 of this AD
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,
VerDate Aug<31>2005
15:24 Nov 07, 2008
Jkt 217001
Washington 98124–2207; telephone 206–
544–9990; fax 206–766–5682; e-mail
DDCS@boeing.com; Internet
https://www.myboeingfleet.com.
(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.
TABLE 3—MATERIAL INCORPORATED
BY REFERENCE
Boeing Special Attention
Service Bulletin—
Dated—
727–25–0300
737–25–1572
747–25–3429
757–25–0295
767–25–0411
April
April
April
April
April
.....................
.....................
.....................
.....................
.....................
30,
30,
30,
30,
30,
2008.
2008.
2008.
2008.
2008.
Issued in Renton, Washington, on October
24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–26352 Filed 11–7–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–1166; Directorate
Identifier 2008–NM–179–AD; Amendment
39–15728; AD 2008–23–07]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
PO 00000
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Fmt 4700
Sfmt 4700
SUMMARY: We are adopting a new
airworthiness directive (AD) for all
Boeing Model 737 airplanes. This AD
requires revising the airplane flight
manual to include a new flightcrew
briefing that must be done before the
first flight of the day and following any
change in flightcrew members, and to
advise the flightcrew of this additional
briefing. This AD results from
continuing reports that flightcrews have
failed to recognize and react properly to
the cabin altitude warning horn. We are
issuing this AD to prevent failure of the
flightcrew to recognize and react
properly to a valid cabin altitude
warning horn, which could result in
incapacitation of the flightcrew due to
hypoxia (lack of oxygen in body) and
consequent loss of airplane control.
DATES: This AD is effective November
25, 2008.
We must receive comments on this
AD by January 9, 2009.
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.
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 street address for
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations
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:
Gregg Nesemeier, Aerospace Engineer,
Systems and Equipment Branch, ANM–
130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6479; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
On June 15, 2006, we issued related
AD 2006–13–13, amendment 39–14666
(71 FR 35781, June 22, 2006). (A
correction of that AD was published in
the Federal Register on July 3, 2006 (71
FR 37980).) That AD applies to all
Boeing Model 737 airplanes. That AD
requires revising the airplane flight
manual (AFM) to advise the flightcrew
of improved procedures for pre-flight
setup of the cabin pressurization
system, as well as improved procedures
for interpreting and responding to the
cabin altitude/configuration warning
horn. That AD resulted from reports that
airplanes had failed to pressurize, and
that the flightcrews failed to react
properly to the cabin altitude warning
horn. The actions specified in that AD
are intended to prevent failure of the
airplane to pressurize and subsequent
failure of the flightcrew to recognize and
react to a valid cabin altitude warning
horn, which could result in
incapacitation of the flightcrew due to
hypoxia (lack of oxygen in body) and
consequent loss of airplane control.
Actions Since Related AD Was Issued
Since we issued AD 2006–13–13, we
have received continuing reports of inservice events involving failure of the
flightcrew to recognize and react
properly to valid cabin altitude warning
horns. Therefore, we have determined
that a new flightcrew briefing before the
first flight of the day and following any
change in flight crewmembers, in
addition to the existing AFM
procedures, is necessary to mitigate the
risk of additional events.
dwashington3 on PRODPC61 with RULES
FAA’s Determination and Requirements
of This AD
We are issuing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop in other products of the(se)
same type design(s). This AD requires
revising the AFM to include a new
flightcrew briefing that must be done
before the first flight of the day and
following any change in flightcrew
VerDate Aug<31>2005
15:24 Nov 07, 2008
Jkt 217001
members, and to advise the flightcrew of
this additional briefing.
Interim Action
We consider this AD interim action.
The manufacturer has advised that it
currently is developing a design change
in the cabin altitude warning system
that will address the unsafe condition
identified by this AD. Once this design
change is developed, approved, and
available, we might consider additional
rulemaking.
FAA’s Justification and Determination
of the Effective Date and Compliance
Time
We are issuing this AD to prevent
failure of the flightcrew to recognize and
react to a valid cabin altitude warning
horn, which could result in
incapacitation of the flightcrew due to
hypoxia (lack of oxygen in body) and
consequent loss of airplane control. This
action follows related rulemaking action
we took in response to a report resulting
from the investigation by the Air
Accident Investigation and Aviation
Safety Board of Greece into the August
14, 2005, Helios Airways accident near
Athens, Greece. This action affects the
entire fleet of Boeing Model 737
airplanes (nearly 5,000 airplanes
worldwide); these airplanes have a very
high utilization rate. Because of our
requirement to promote safe flight of
civil aircraft and thus the critical need
to assure that the flightcrew recognizes
and reacts properly to a valid cabin
altitude warning horn and the
compliance time involved with this
action, this AD must be issued
immediately.
We acknowledge that a compliance
time of 120 days is unusually long for
an AFM-change/immediately adopted
rule. However, in this case, we have
determined that it is necessary to
provide sufficient time for operators to
adequately prepare to meet the
requirements of the AD. This
preparation includes obtaining
regulatory acceptance (from principal
operations inspectors) of the required
flightcrew preflight briefing aids,
publication of flightcrew briefing aids in
sufficient quantities, and familiarization
of flightcrews with the AD briefing
requirements. The time required to
prepare to implement the AD
requirements is increased by the size of
the affected fleet. We have further
determined that a 120-day compliance
time will provide an adequate level of
safety. Therefore, a compliance time of
120 days has been specified in order to
provide operators with sufficient time to
accomplish the requirements of this AD.
PO 00000
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66513
Because an unsafe condition exists
that requires the immediate adoption of
this AD, we find that notice and
opportunity for prior public comment
hereon are impracticable and that good
cause exists for making this amendment
effective in less than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not provide you with notice and
an opportunity to provide your
comments before it becomes effective.
However, we invite you to send any
written data, views, or arguments about
this AD. Send your comments to an
address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2008–1166; Directorate Identifier 2008–
NM–179–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this AD. We will consider all
comments received by the closing date
and may amend this 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 AD.
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
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66514
Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations
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, Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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.
§ 39.13
[Amended]
2. The FAA amends 39.13 by adding
the following new AD:
■
2008–23–07 Boeing: Amendment 39–15728.
Docket No. FAA–2008–1166; Directorate
Identifier 2008–NM–179–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective November 25, 2008.
Affected ADs
(b) This AD is related to AD 2006–13–13,
amendment 39–14666; paragraph (a) of AD
2003–03–15 R1, amendment 39–13366; and
paragraph (a) of AD 2003–14–08, amendment
39–13227. This AD does not supersede the
requirements of AD 2006–13–13, AD 2003–
03–15 R1, or AD 2003–14–08.
dwashington3 on PRODPC61 with RULES
Applicability
(c) This AD applies to all Boeing Model
737–100, –200, –200C, –300, –400, –500,
–600, –700, –700C, –800, –900, and –900ER
series airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from continuing reports
that flightcrews have failed to recognize and
react properly to the cabin altitude warning
horn. We are issuing this AD to prevent
failure of the flightcrew to recognize and
react to a valid cabin altitude warning horn,
which could result in incapacitation of the
flightcrew due to hypoxia (lack of oxygen in
body) and consequent loss of airplane
control.
VerDate Aug<31>2005
15:24 Nov 07, 2008
Jkt 217001
Compliance
(e) Comply with this AD within the
compliance times specified, unless already
done.
Revising the Airplane Flight Manual (AFM)
(f) Within 120 days after the effective date
of this AD, revise the Limitations Section of
the applicable Boeing 737 AFM to include
the following statement. This may be done by
inserting a copy of this AD into the
applicable AFM.
‘‘CABIN ALTITUDE WARNING TAKEOFF
BRIEFING (required by AD 2008–23–07)
With the CABIN ALTITUDE and TAKEOFF
CONFIG lights not installed, or installed but
not activated:
As part of the Takeoff Briefing before
engine start for the first flight of the day or
following any change of either flightcrew
member, the pilot-in-command will ensure
the Cabin Altitude Warning indications and
procedures are briefed in accordance with
the procedures contained in the Normal
Procedures section of this manual.’’
(g) Within 120 days after the effective date
of this AD, revise the Normal Procedures
Section of the applicable Boeing 737 AFM to
include the following statement. This may be
done by inserting a copy of this AD into the
applicable AFM.
‘‘CABIN ALTITUDE WARNING TAKEOFF
BRIEFING (required by AD 2008–23–07)
The following briefing is important to
further reduce the risk of flightcrew
incapacitation due to hypoxia. Because of the
dual purpose of the intermittent cabin
altitude/takeoff configuration warning horn,
this briefing serves to remind flightcrews that
the sounding of the cabin altitude warning
horn in flight requires immediate action,
beginning with the immediate donning of
oxygen masks. Upon completion of the
applicable WARNING HORN—CABIN
ALTITUDE OR CONFIGURATION nonnormal checklist memory items, other alerts
and indications on the flight deck (e.g., air/
ground sensing system failures, equipment
cooling OFF, etc.) may then be addressed.
Memory item cabin altitude warning
indications and procedures must be briefed
on airplanes in which the CABIN ALTITUDE
and TAKEOFF CONFIG lights are not
installed, or are installed but not activated.
This will be included as an additional item
on the Takeoff briefing before engine start for
the first flight of the day, or following any
change of either flightcrew member.
The briefing must include the following
items.
—Whenever the intermittent warning horn
sounds in flight:
1. Immediately, don oxygen masks and set
regulators to 100%.
2. Establish crew communications.
3. Do the CABIN ALTITUDE WARNING
OR RAPID DEPRESSURIZATION
checklist.
—Both pilots must verify on the overhead
Cabin Altitude Panel that the cabin
altitude is stabilized at or below 10,000
feet before removing oxygen masks.’’
Special Flight Permit
(h) Special flight permits are prohibited.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, ATTN:
Gregg Nesemeier, Aerospace Engineer,
Systems and Equipment Branch, ANM–130S,
FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 917–6479; fax
(425) 917–6590; has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(j) None.
Issued in Renton, Washington, on October
24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–26373 Filed 11–7–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2008–0453; Airspace
Docket No. 08–AAL–12]
Establishment of Class E Airspace;
Kwethluk, AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This action establishes Class
E airspace at Kwethluk, AK to provide
adequate controlled airspace to contain
aircraft executing Standard Instrument
Approach Procedures (SIAPs). Two
SIAPs are being created for the
Kwethluk Airport. This action
establishes Class E airspace upward
from 700 feet (ft.) and 1,200 ft. above the
surface at Kwethluk Airport, Kwethluk,
AK.
DATES: Effective Date: 0901 UTC,
January 15, 2009. The Director of the
Federal Register approves this
incorporation by reference action under
title 1, Code of Federal Regulations, part
51, subject to the annual revision of
FAA Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT: Gary
Rolf, AAL–538G, Federal Aviation
Administration, 222 West 7th Avenue,
Box 14, Anchorage, AK 99513–7587;
E:\FR\FM\10NOR1.SGM
10NOR1
]]>Agencies
[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Rules and Regulations]
[Pages 66512-66514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26373]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1166; Directorate Identifier 2008-NM-179-AD;
Amendment 39-15728; AD 2008-23-07]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all
Boeing Model 737 airplanes. This AD requires revising the airplane
flight manual to include a new flightcrew briefing that must be done
before the first flight of the day and following any change in
flightcrew members, and to advise the flightcrew of this additional
briefing. This AD results from continuing reports that flightcrews have
failed to recognize and react properly to the cabin altitude warning
horn. We are issuing this AD to prevent failure of the flightcrew to
recognize and react properly to a valid cabin altitude warning horn,
which could result in incapacitation of the flightcrew due to hypoxia
(lack of oxygen in body) and consequent loss of airplane control.
DATES: This AD is effective November 25, 2008.
We must receive comments on this AD by January 9, 2009.
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.
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 street address for
[[Page 66513]]
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: Gregg Nesemeier, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6479; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
On June 15, 2006, we issued related AD 2006-13-13, amendment 39-
14666 (71 FR 35781, June 22, 2006). (A correction of that AD was
published in the Federal Register on July 3, 2006 (71 FR 37980).) That
AD applies to all Boeing Model 737 airplanes. That AD requires revising
the airplane flight manual (AFM) to advise the flightcrew of improved
procedures for pre-flight setup of the cabin pressurization system, as
well as improved procedures for interpreting and responding to the
cabin altitude/configuration warning horn. That AD resulted from
reports that airplanes had failed to pressurize, and that the
flightcrews failed to react properly to the cabin altitude warning
horn. The actions specified in that AD are intended to prevent failure
of the airplane to pressurize and subsequent failure of the flightcrew
to recognize and react to a valid cabin altitude warning horn, which
could result in incapacitation of the flightcrew due to hypoxia (lack
of oxygen in body) and consequent loss of airplane control.
Actions Since Related AD Was Issued
Since we issued AD 2006-13-13, we have received continuing reports
of in-service events involving failure of the flightcrew to recognize
and react properly to valid cabin altitude warning horns. Therefore, we
have determined that a new flightcrew briefing before the first flight
of the day and following any change in flight crewmembers, in addition
to the existing AFM procedures, is necessary to mitigate the risk of
additional events.
FAA's Determination and Requirements of This AD
We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This AD requires revising the AFM to include a new
flightcrew briefing that must be done before the first flight of the
day and following any change in flightcrew members, and to advise the
flightcrew of this additional briefing.
Interim Action
We consider this AD interim action. The manufacturer has advised
that it currently is developing a design change in the cabin altitude
warning system that will address the unsafe condition identified by
this AD. Once this design change is developed, approved, and available,
we might consider additional rulemaking.
FAA's Justification and Determination of the Effective Date and
Compliance Time
We are issuing this AD to prevent failure of the flightcrew to
recognize and react to a valid cabin altitude warning horn, which could
result in incapacitation of the flightcrew due to hypoxia (lack of
oxygen in body) and consequent loss of airplane control. This action
follows related rulemaking action we took in response to a report
resulting from the investigation by the Air Accident Investigation and
Aviation Safety Board of Greece into the August 14, 2005, Helios
Airways accident near Athens, Greece. This action affects the entire
fleet of Boeing Model 737 airplanes (nearly 5,000 airplanes worldwide);
these airplanes have a very high utilization rate. Because of our
requirement to promote safe flight of civil aircraft and thus the
critical need to assure that the flightcrew recognizes and reacts
properly to a valid cabin altitude warning horn and the compliance time
involved with this action, this AD must be issued immediately.
We acknowledge that a compliance time of 120 days is unusually long
for an AFM-change/immediately adopted rule. However, in this case, we
have determined that it is necessary to provide sufficient time for
operators to adequately prepare to meet the requirements of the AD.
This preparation includes obtaining regulatory acceptance (from
principal operations inspectors) of the required flightcrew preflight
briefing aids, publication of flightcrew briefing aids in sufficient
quantities, and familiarization of flightcrews with the AD briefing
requirements. The time required to prepare to implement the AD
requirements is increased by the size of the affected fleet. We have
further determined that a 120-day compliance time will provide an
adequate level of safety. Therefore, a compliance time of 120 days has
been specified in order to provide operators with sufficient time to
accomplish the requirements of this AD.
Because an unsafe condition exists that requires the immediate
adoption of this AD, we find that notice and opportunity for prior
public comment hereon are impracticable and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2008-1166; Directorate Identifier 2008-NM-179-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this 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 AD.
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
[[Page 66514]]
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, 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 39.13 by adding the following new AD:
2008-23-07 Boeing: Amendment 39-15728. Docket No. FAA-2008-1166;
Directorate Identifier 2008-NM-179-AD.
Effective Date
(a) This airworthiness directive (AD) is effective November 25,
2008.
Affected ADs
(b) This AD is related to AD 2006-13-13, amendment 39-14666;
paragraph (a) of AD 2003-03-15 R1, amendment 39-13366; and paragraph
(a) of AD 2003-14-08, amendment 39-13227. This AD does not supersede
the requirements of AD 2006-13-13, AD 2003-03-15 R1, or AD 2003-14-
08.
Applicability
(c) This AD applies to all Boeing Model 737-100, -200, -200C, -
300, -400, -500, -600, -700, -700C, -800, -900, and -900ER series
airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from continuing reports that flightcrews
have failed to recognize and react properly to the cabin altitude
warning horn. We are issuing this AD to prevent failure of the
flightcrew to recognize and react to a valid cabin altitude warning
horn, which could result in incapacitation of the flightcrew due to
hypoxia (lack of oxygen in body) and consequent loss of airplane
control.
Compliance
(e) Comply with this AD within the compliance times specified,
unless already done.
Revising the Airplane Flight Manual (AFM)
(f) Within 120 days after the effective date of this AD, revise
the Limitations Section of the applicable Boeing 737 AFM to include
the following statement. This may be done by inserting a copy of
this AD into the applicable AFM.
``CABIN ALTITUDE WARNING TAKEOFF BRIEFING (required by AD 2008-23-
07)
With the CABIN ALTITUDE and TAKEOFF CONFIG lights not installed,
or installed but not activated:
As part of the Takeoff Briefing before engine start for the
first flight of the day or following any change of either flightcrew
member, the pilot-in-command will ensure the Cabin Altitude Warning
indications and procedures are briefed in accordance with the
procedures contained in the Normal Procedures section of this
manual.''
(g) Within 120 days after the effective date of this AD, revise
the Normal Procedures Section of the applicable Boeing 737 AFM to
include the following statement. This may be done by inserting a
copy of this AD into the applicable AFM.
``CABIN ALTITUDE WARNING TAKEOFF BRIEFING (required by AD 2008-23-
07)
The following briefing is important to further reduce the risk
of flightcrew incapacitation due to hypoxia. Because of the dual
purpose of the intermittent cabin altitude/takeoff configuration
warning horn, this briefing serves to remind flightcrews that the
sounding of the cabin altitude warning horn in flight requires
immediate action, beginning with the immediate donning of oxygen
masks. Upon completion of the applicable WARNING HORN--CABIN
ALTITUDE OR CONFIGURATION non-normal checklist memory items, other
alerts and indications on the flight deck (e.g., air/ground sensing
system failures, equipment cooling OFF, etc.) may then be addressed.
Memory item cabin altitude warning indications and procedures
must be briefed on airplanes in which the CABIN ALTITUDE and TAKEOFF
CONFIG lights are not installed, or are installed but not activated.
This will be included as an additional item on the Takeoff briefing
before engine start for the first flight of the day, or following
any change of either flightcrew member.
The briefing must include the following items.
--Whenever the intermittent warning horn sounds in flight:
1. Immediately, don oxygen masks and set regulators to 100%.
2. Establish crew communications.
3. Do the CABIN ALTITUDE WARNING OR RAPID DEPRESSURIZATION
checklist.
--Both pilots must verify on the overhead Cabin Altitude Panel that
the cabin altitude is stabilized at or below 10,000 feet before
removing oxygen masks.''
Special Flight Permit
(h) Special flight permits are prohibited.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Gregg Nesemeier, Aerospace Engineer, Systems and
Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056;
telephone (425) 917-6479; fax (425) 917-6590; has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(j) None.
Issued in Renton, Washington, on October 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-26373 Filed 11-7-08; 8:45 am]
BILLING CODE 4910-13-P
