14400 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Rules and Regulations 

Related Information 

(j) French airworthiness directive F–2005–

125, dated July 20, 2005, also addresses the 

subject of this AD. 

Material Incorporated by Reference 

(k) You must use Airbus Service Bulletin 

A300–27–6057, excluding Appendix 01, 

dated May 17, 2005, 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 this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, 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. 

Issued in Renton, Washington, on March 

20, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–5555 Filed 3–27–07; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 inflight 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 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Rules and Regulations 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

Airplane Model Work hours Number of PSUs Average labor 

rate per hour Parts cost per PSU Cost per airplane 

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. 


pwalker on PROD1PC71 with RULES
14402 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Rules and Regulations 

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 

■ 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 Federal Aviation 

Administration (FAA) amends § 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

Boeing special attention 

Service Bulletin Dated— Applicable to model/series—

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. 

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 § 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

Boeing special attention Service Bulletin Date 

737–25–1545 ............. September 8, 2005. 

737–25–1548 ............. November 22, 2005. 

757–25–0284 ............. November 22, 2005. 

757–25–0285 ............. November 22, 2005. 

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 


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