[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Rules and Regulations]
[Pages 14400-14402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5556]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25336; Directorate Identifier 2006-NM-070-AD; 
Amendment 39-15002; AD 2007-07-02]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-300, -400, -500, -600, 
-700, -800 and -900 Series Airplanes; and Model 757-200 and -300 Series 
Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 737-300, -400, -500, -600, -700, -800 and -900 
series airplanes; and Model 757-200 and -300 series airplanes. This AD 
requires modifying the activation mechanism in the chemical oxygen 
generator of each passenger service unit (PSU). This AD results from 
several reports indicating that some chemical oxygen generators failed 
to activate during in-flight decompression events. These failures were 
due to fracture of components between the passenger oxygen mask and the 
release pin in the oxygen generator. We are issuing this AD to prevent 
failure of the activation mechanism in the chemical oxygen generator, 
which could result in the unavailability of supplemental oxygen and 
possible incapacitation of passengers and cabin crew during an in-
flight decompression.

DATES: This AD becomes effective May 2, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 2, 2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

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: 

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Boeing Model 
737-300, -400, -500, -600, -700, -800 and -900 series airplanes; and 
Model 757-200 and -300 series airplanes. That NPRM was published in the 
Federal Register on July 13, 2006 (71 FR 39593). That NPRM proposed to 
require modifying the activation mechanism in the chemical oxygen 
generator of each passenger service unit (PSU).

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the NPRM

    Boeing and AirTran support the NPRM.

Request To Change Compliance Time

    The Air Transport Association (ATA), on behalf of its member, Delta 
Airlines, asks that the compliance time for accomplishing the 
modification be changed from 60 months to 72 months. Delta states that 
this would better align with airplane heavy maintenance visits.
    We do not agree with ATA and Delta. The commenters provided no 
technical justification for revising this compliance time. Chemical 
oxygen generators failing to activate during in-flight decompression 
events is a significant safety issue; therefore, we have determined 
that the proposed 60-month compliance time is warranted. This 
determination is based on the effectiveness of the modification and the 
fact that failure of the activation mechanism of the chemical oxygen 
generator could result in the unavailability of supplemental oxygen and 
possible incapacitation of passengers and cabin crew during an in-
flight decompression. In developing an appropriate compliance time for 
this AD, we considered those safety issues, as well as the manufacturer 
recommendations, the availability of necessary repair parts, and the 
practical aspect of accomplishing the required modification within an 
interval of time that corresponds to the normal maintenance schedules 
of most affected operators. In light of these factors, we have 
determined that the 60-month initial compliance time, as proposed, is 
appropriate. We do not find it necessary to change the AD in this 
regard.

Request To Publish Service Information/Incorporate by Reference in NPRM

    The Modification and Replacement Parts Association (MARPA) states 
that ADs are based on service information that originates from the type 
certificate holder or its suppliers. MARPA adds that manufacturers' 
service documents are privately authored instruments, generally having 
copyright protection against duplication and distribution. MARPA states 
that when a service document is incorporated by reference into a public 
document, such as an AD, pursuant to 5 U.S.C. 552(a) and 1 CFR part 51, 
it loses its private, protected status and becomes a public document. 
MARPA notes that if a service document is used as a mandatory element 
of compliance, it should not simply be referenced, but should be 
incorporated by reference. MARPA believes that

[[Page 14401]]

public laws, by definition, should be public, which means they cannot 
rely upon private writings for compliance. MARPA adds that the legal 
interpretation of a document is a question of law, not of fact; 
therefore, unless the service document is incorporated by reference, it 
cannot be considered. MARPA is concerned that failure to incorporate 
essential service information could result in a court decision 
invalidating the AD.
    MARPA also states that service documents incorporated by reference 
should be made available to the public by publication in the Docket 
Management System (DMS), keyed to the action that incorporates those 
documents. MARPA notes that the stated purpose of the incorporation by 
reference method is brevity, to keep from expanding the Federal 
Register needlessly by publishing documents already in the hands of the 
affected individuals. MARPA adds that, traditionally, ``affected 
individuals'' means aircraft owners and operators, who are generally 
provided service information by the manufacturer. MARPA adds that a new 
class of affected individuals has emerged, since the majority of 
aircraft maintenance is now performed by specialty shops instead of 
aircraft owners and operators. MARPA notes that this new class includes 
maintenance and repair organizations, component servicing, and/or 
servicing alternatively certified parts under section 21.303 
(``Replacement and modification parts'') of the Federal Aviation 
Regulations (14 CFR 21.303). MARPA notes that the concept of brevity is 
now nearly archaic as documents exist more frequently in electronic 
format than on paper. Therefore, MARPA asks that the service documents 
deemed essential to the accomplishment of the NPRM be incorporated by 
reference into the regulatory instrument and published in DMS.
    We acknowledge MARPA's requests. The Office of the Federal Register 
(OFR) requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. This final rule incorporates by reference the 
documents necessary for the accomplishment of the requirements mandated 
by this AD. Further, we point out that while documents that are 
incorporated by reference do become public information, as noted by the 
commenter, they do not lose their copyright protection. For that 
reason, we advise the public to contact the manufacturer to obtain 
copies of the referenced service information.
    In regard to MARPA's request to post service bulletins on the 
Department of Transportation's DMS, we are currently in the process of 
reviewing issues surrounding the posting of service bulletins on the 
DMS as part of an AD docket. Once we have thoroughly examined all 
aspects of this issue and have made a final determination, we will 
consider whether our current practice needs to be revised. No change to 
the AD is necessary in response to these comments.

Request To Change Costs of Compliance Section

    ATA, on behalf of its member, Delta Airlines, states that since the 
NPRM is written against airplanes and not individual PSUs, it should 
reflect the cost per airplane. Delta states that its approximate cost 
per Model 757 airplane is over $10,000; the total cost for its Model 
757 fleet is in excess of $350,000. Delta adds that for its Model 737-
800 fleet, 71 airplanes are affected, each currently having 54 PSUs 
installed. Delta states that the approximate cost per Model 737-800 
airplane is over $6,000; the total cost for its Model 737-800 fleet is 
over $440,000.
    We agree with the commenters. We have provided the approximate 
number of PSUs per airplane that are necessary to do the modification 
in the Costs of Compliance section below.

Clarify Availability of Parts

    Continental Airlines has concerns regarding the availability of 
Boeing's material stock (i.e., service bulletin kits), as well as those 
ancillary PSU parts which may be needed during the modification.
    We infer that Continental wants verification of available parts. We 
have confirmed with Boeing that an ample number of required parts will 
be available to modify the U.S. fleet within the proposed compliance 
time. In light of this fact, we do not find it necessary to change the 
AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    There are about 3,283 airplanes of the affected design in the 
worldwide fleet. This AD affects about 815 airplanes of U.S. registry. 
The following table provides the estimated costs for U.S. operators to 
comply with this AD. The cost of the modification depends on the number 
of PSUs per airplane. The cost to modify all airplanes ranges from 
$4,342,320 up to $12,506,175.

                                                                     Estimated Costs
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                                                                                          Average labor
           Airplane Model                    Work hours              Number of PSUs       rate per hour     Parts cost per PSU       Cost per airplane
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737-500 and -600....................  1 per PSU...............  Between 36 and 40......             $80  Between $68 and $75....  Between $5,328 and
                                                                                                                                   $6,200.
737-300 and -700....................  1 per PSU...............  Between 40 and 50......              80  Between $68 and $75....  Between $5,920 and
                                                                                                                                   $7,750.
737-400 and -800....................  1 per PSU...............  Between 43 and 63......              80  Between $68 and $75....  Between $6,364 and
                                                                                                                                   $9,765.
737-900.............................  1 per PSU...............  Between 58 and 63......              80  Between $68 and $75....  Between $8,584 and
                                                                                                                                   $9,765.
757-200.............................  1 per PSU...............  Between 60 and 80......              80  Between $68 and $75....  Between $8,880 and
                                                                                                                                   $12,400.
757-300.............................  1 per PSU...............  Between 70 and 99......              80  Between $68 and $75....  Between $10,360 and
                                                                                                                                   $15,345.
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[[Page 14402]]

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

    We have determined that 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2007-07-02 Boeing: Amendment 39-15002. FAA-2006-25336; Directorate 
Identifier 2006-NM-070-AD.

Effective Date

    (a) This AD becomes effective May 2, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-300, -400, -500, -600, -
700, -800 and -900 series airplanes; and Model 757-200 and -300 
series airplanes; certificated in any category; as identified in the 
applicable service bulletin in Table 1 of this AD.

                                           Table 1.--Service Bulletins
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  Boeing special attention Service Bulletin                 Dated--                Applicable to model/series--
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737-25-1545..................................  September 8, 2005...............  737-600, -700, -800, and -900.
737-25-1548..................................  November 22, 2005...............  737-300, -400, and -500.
757-25-0284..................................  November 22, 2005...............  757-200.
757-25-0285..................................  November 22, 2005...............  757-300.
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Unsafe Condition

    (d) This AD results from several reports indicating that some 
chemical oxygen generators failed to activate during in-flight 
decompression events. These failures were due to fracture of 
components between the passenger oxygen mask and the release pin in 
the oxygen generator. We are issuing this AD to prevent failure of 
the activation mechanism of the chemical oxygen generator, which 
could result in the unavailability of supplemental oxygen and 
possible incapacitation of passengers and cabin crew during an in-
flight decompression.

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.

Modification

    (f) Within 60 months after the effective date of this AD: Modify 
the activation mechanism in the chemical oxygen generator of each 
passenger service unit (PSU) by doing all the applicable actions 
specified in the Accomplishment Instructions of the applicable 
service bulletin specified in Table 1 of this AD.

Alternative Methods of Compliance (AMOCs)

    (g)(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) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (h) You must use the applicable service bulletin specified in 
Table 2 of this AD to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The Director of the Federal 
Register approved the incorporation by reference of these documents 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207 
for a copy of this service information. You may review copies at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

              Table 2.--Material Incorporated by Reference
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  Boeing special attention Service
              Bulletin                               Date
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737-25-1545.........................  September 8, 2005.
737-25-1548.........................  November 22, 2005.
757-25-0284.........................  November 22, 2005.
757-25-0285.........................  November 22, 2005.
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    Issued in Renton, Washington, on March 13, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-5556 Filed 3-27-07; 8:45 am]
BILLING CODE 4910-13-P