56956 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

determination is whether the D/GC’s 

determination was based on clear error 

of fact or law. 

§ 134.709 When will a Judge dismiss an 

appeal? 

(a) The presiding Judge will dismiss 

the appeal if the appeal is untimely filed 

under § 134.703. 

(b) The matter has been decided or is 

the subject of adjudication before a 

court of competent jurisdiction over 

such matters. However, once an appeal 

has been filed, initiation of litigation of 

the matter in a court of competent 

jurisdiction will not preclude the Judge 

from rendering a final decision on the 

matter. 

§ 134.710 Who can file a response to an 

appeal petition and when must such a 

response be filed? 

Although not required, any person 

served with an appeal petition may file 

and serve a response supporting or 

opposing the appeal if he or she wishes 

to do so. If a person decides to file a 

response, the response must be filed 

within 7 business days after service of 

the appeal petition. The response 

should present argument. 

§ 134.711 Will the Judge permit discovery 

and oral hearings? 

Discovery will not be permitted, and 

oral hearings will not be held. 

§ 134.712 What are the limitations on new 

evidence? 

The Judge may not admit evidence 

beyond the written protest file nor 

permit any form of discovery. All 

appeals under this subpart will be 

decided solely on a review of the 

evidence in the written protest file, 

arguments made in the appeal petition, 

and response(s) filed thereto. 

§ 134.713 When is the record closed? 

The record will close when the time 

to file a response to an appeal petition 

expires pursuant to 13 CFR 134.710. 

§ 134.714 When must the Judge issue his 

or her decision? 

The Judge shall issue a decision, 

insofar as practicable, within 15 

business days after close of the record. 

§ 134.715 Can a Judge reconsider his 

decision? 

(a) The Judge may reconsider an 

appeal decision within 20 calendar days 

after issuance of the written decision. 

Any party who has appeared in the 

proceeding, or SBA, may request 

reconsideration by filing with the Judge 

and serving a petition for 

reconsideration on all the parties to the 

appeal within 20 calendar days after 

service of the written decision. The 

request for reconsideration must clearly 

show an error of fact or law material to 

the decision. The Judge may also 

reconsider a decision on his or her own 

initiative. 

(b) The Judge may remand a 

proceeding to the D/GC for a new WOSB 

or EDWOSB determination if the D/GC 

fails to address issues of decisional 

significance sufficiently, does not 

address all the relevant evidence, or 

does not identify specifically the 

evidence upon which it relied. Once 

remanded, OHA no longer has 

jurisdiction over the matter, unless a 

new appeal is filed as a result of the new 

WOSB or EDWOSB determination. 

Sandy Baruah, 

Acting Administrator. 

[FR Doc. E8–23138 Filed 9–26–08; 4:15 pm] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0149; Directorate 

Identifier 2007–NM–319–AD; Amendment 

39–15651; AD 2008–17–13] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–100, –200, –200C, –300, 

–400, and –500 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 737–100, –200, –200C, 

–300, –400, and –500 series airplanes. 

This AD requires replacing the existing 

straight-to-90-degree hose assembly for 

the Lavatory ‘‘A’’ water supply. The 

replacement is a new straight hose 

assembly and a separate 90-degree 

elbow fitting. This AD results from a 

report of a separated hose assembly for 

the passenger water system. We are 

issuing this AD to prevent a water leak 

into the flight deck ceiling, which could 

result in an electrical short and possible 

loss of several functions essential to safe 

flight. 

DATES: This AD is effective November 5, 

2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of November 5, 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 http:// 

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, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Marcia Smith, 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) 917–6484; 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 

certain Boeing Model 737–100, –200, 

–200C, –300, –400, and –500 series 

airplanes. That NPRM was published in 

the Federal Register on February 8, 

2008 (73 FR 7488). That NPRM 

proposed to require replacing the 

existing straight-to-90-degree hose 

assembly for the Lavatory ‘‘A’’ water 

supply. The replacement is a new 

straight hose assembly and a separate 

90-degree elbow fitting. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the four commenters. 

Support for the NPRM 

Boeing concurs with the contents of 

the proposed rule. Air Transport 

Association, on behalf of its member, 

United Airlines (UA), states that UA 

supports the proposed rule as drafted. 

Margie Tillotson, a private citizen, has 

no objections to the NPRM. 

Requests To Address Parts 

Manufacturer Approval (PMA) Parts 

Aviation Data Research (ADR) and 

Modification and Replacement Parts 

Association (MARPA), make several 

comments related to PMA parts. ADR 

and MARPA state that the NPRM should 

be modified to embrace PMA 

alternatives to the original equipment 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 56957 

manufacturer (OEM) part numbers listed 

in Boeing Alert Service Bulletin 737– 

38A1054, dated August 23, 2007 (which 

we cited as the appropriate source of 

service information for accomplishing 

the proposed actions). ADR states that 

two parts could conceivably be affected 

by the design problems underlying the 

proposed action: In 1992 Parker 

Hannifin obtained a PMA on part 

number (P/N) 3112002–139 by licensure 

to produce a replacement part for P/N 

10–60871–139; in 1996 Crane 

Resistoflex obtained a PMA on P/N R 

23582–0366 by licensure to produce a 

replacement part for P/N 10–60871–125. 

ADR points out that under the 

wording of the NPRM, these parts, 

which presumably suffer the same 

defects as the OEM part, can be installed 

in place of the OEM parts. In contrast, 

MARPA states that it would appear that 

installation of PMA alternatives is 

forbidden, and that it is presumptuous 

to assume that the PMA alternatives are 

likely to be defective. ADR and MARPA 

request that the NPRM be revised to 

cover possible defective PMA 

alternative parts. MARPA adds that the 

AD should explicitly permit the 

installation of other FAA-approved 

replacement or modification parts. In 

addition, ADR states that there should 

be procedures ‘‘within all AD writing 

units’’ to perform PMA research any 

time a particular part number is affected 

by a discovered defect. 

The FAA recognizes the need for 

standardization of issues related to PMA 

parts to which the commenter refers, 

and is currently in the process of 

reviewing issues that address the use of 

PMAs in ADs at the national level. 

However, the Transport Airplane 

Directorate considers that to delay this 

particular AD action would be 

inappropriate, since we have 

determined that an unsafe condition 

exists and that replacement of certain 

parts must be accomplished to ensure 

continued safety. Therefore, no change 

has been made to the final rule in this 

regard. 

We have evaluated the PMA part 

numbers to which the commenter refers. 

As a point of clarification, the part 

numbers that the commenter mentions, 

Boeing P/N 10–60871–139 (PMA 

replacement P/N 3112002–139) and 

Boeing P/N 10–60871–125 (PMA 

replacement P/N R 23582–0366), are 

replaced only at the location affected by 

the AD because of a change in design for 

that location. (These parts may be 

installed at other locations, and the 

continued use of these parts at those 

locations is acceptable.) We have found 

that Stratoflex makes replacements for 

both P/N 10–60871–139 and P/N 10– 

60871–125. Stratoflex (originally Crane 

Resistoflex) P/N 23582–0366, which is a 

replacement for Boeing P/N 10–60871– 

125, is not in production but some of 

these parts may be installed at the 

location affected by this AD. PMA P/N 

3112002–139 and PMA P/N R 23582– 

0366 are marked with both the Boeing 

part number and the PMA part number. 

Therefore, the requirements of the AD 

apply to these PMA parts and the PMA 

parts must be removed from service at 

the location affected by the AD. No 

change has been made to the final rule 

in this regard. 

Request To Make Service Information 

Publicly Available 

MARPA points out that, since Boeing 

Alert Service Bulletin 737–38A1054 is 

not on the public record, it does not 

seem to meet the criteria for 

incorporation by reference, in which the 

document must be reasonably available 

to and usable by the persons affected by 

the publication. MARPA states that the 

regulated industry has repeatedly 

complained about unavailability of 

service information. 

We infer that MARPA would like us 

to make Boeing service information 

available online. We are currently in the 

process of reviewing issues surrounding 

the posting of service bulletins online as 

part of an online 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. In the meantime, these 

documents are available for public 

review at the locations specified in 

paragraph (i)(3) of this AD. Further 

questions regarding publication of 

documents in the Federal Register or 

incorporation by reference should be 

directed to the OFR. No change to the 

final rule is necessary in response to 

this comment. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD affects 779 

airplanes of U.S. registry. We also 

estimate that it takes between 4 and 7 

work-hours per airplane to comply with 

this AD, depending on the airplane 

configuration. The average labor rate is 

$80 per work-hour. Required parts cost 

about $400 per product. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be between 

$560,880 and $747,840, or between 

$720 and $960 per product. 

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: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 


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56958 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2008–17–13 Boeing: Amendment 39–15651. 

Docket No. FAA–2008–0149; Directorate 

Identifier 2007–NM–319–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective November 5, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737– 

100, –200, –200C, –300, –400, and –500 

series airplanes, certificated in any category; 

as identified in Boeing Alert Service Bulletin 

737–38A1054, dated August 23, 2007. 

Unsafe Condition 

(d) This AD results from a report of a 

separated hose assembly for the passenger 

water system. We are issuing this AD to 

prevent a water leak into the flight deck 

ceiling, which could result in an electrical 

short and possible loss of several functions 

essential to safe flight. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Replacement 

(f) Within 60 months after the effective 

date of this AD, replace the existing straightto-90-degree hose assembly for the Lavatory 

‘‘A’’ water supply with a new straight hose 

assembly and a separate 90-degree elbow 

fitting, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–38A1054, dated August 

23, 2007. 

Parts Installation 

(g) As of the effective date of this AD, any 

hose assembly part having a part number 

identified in Table 1 of this AD must not be 

used in any location that is subject to the 

requirements of this AD. However, those 

parts may be used in other locations if not 

otherwise prohibited. 

TABLE 1—SPARE PARTS PROHIBITED FOR THIS AD 

Airplane group identified in Boeing Alert 

Service Bulletin 737–38A1054, 

dated August 23, 2007 

Existing part number(s) 

1 and 2 ..................................................................................................... 10–61998–430, AS4471–08–0401, or AS4471–08–0404. 

3 ................................................................................................................ 10–61998–25 or 10–60871–125. 

4 ................................................................................................................ 10–61998–31 or 10–60871–139. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, ATTN: Marcia 

Smith, Aerospace Engineer, Cabin Safety and 

Environmental Systems Branch, ANM–150S, 

1601 Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6484; 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 

(i) You must use Boeing Alert Service 

Bulletin 737–38A1054, dated August 23, 

2007, 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, 

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: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on August 

6, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–22649 Filed 9–30–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0947; Directorate 

Identifier 2008–NM–154–AD; Amendment 

39–15670; AD 2008–19–03] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–300, –400, and –500 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 737–300, –400, and –500 

series airplanes. This AD requires 

repetitive external detailed inspections 

or non-destructive inspections to detect 

cracks in the fuselage skin along the 

chem-mill steps at stringers S–1 and S– 

2R, between station (STA) 400 and STA 

460, and repair if necessary. This AD 

results from reports of cracks in the 

fuselage skin common to stringer S–1 

and between STA 400 and STA 460. We 

are issuing this AD to detect and correct 

fatigue cracking of the fuselage skin 

panels at the chem-mill steps, which 

could result in sudden fracture and 

failure of the fuselage skin panels, and 

consequent rapid decompression of the 

airplane. 

DATES: This AD is effective October 16, 

2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 16, 2008. 

We must receive comments on this 

AD by December 1, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207. 


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