7666 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28921; Directorate 

Identifier 2007–NM–091–AD; Amendment 

39–15371; AD 2008–03–20] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–300, –400, and –500 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, and –500 

series airplanes. This AD requires, 

among other actions, modifying the 

door-mounted escape system of the 

forward right side door slide 

compartment. This AD results from 

reports indicating that the forward right 

escape slide inflated 90 degrees out of 

alignment after deployment from the 

forward right side slide compartment. 

We are issuing this AD to prevent the 

escape slide from being unusable during 

an emergency evacuation and 

consequent injury to passengers or 

crewmembers. 

DATES: This AD becomes effective 

March 17, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of March 17, 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: 

Robert Hettman, Aerospace Engineer, 

Cabin Safety & Environmental Systems 

Branch, ANM–150S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6457; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

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, and –500 series airplanes. That 

NPRM was published in the Federal 

Register on August 16, 2007 (72 FR 

45972). That NPRM proposed to require, 

among other actions, modifying the 

door-mounted escape system of the 

forward right side door slide 

compartment. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Support for NPRM 

Boeing and the Air Transport 

Association (ATA), on behalf of its 

member Continental, support the NPRM 

as proposed. 

Request To Allow Replacement of 

Entire Compartment Assembly 

The ATA requests that operators be 

allowed to replace the entire 

compartment assembly rather than 

modifying it in accordance with Boeing 

Special Attention Service Bulletin 737–

25–1567, dated March 21, 2007 (referred 

to as the appropriate source of service 

information in the AD for 

accomplishing the required 

modification). The ATA has concerns 

about the availability of the slide 

compartment parts from Boeing. 

We partially agree with the ATA. We 

agree that replacing the entire 

compartment assembly may be an 

alternative method of compliance 

(AMOC) to the modification 

requirements of this AD. However, we 

do not have service information which 

describes such a replacement. We 

consider delaying issuance of this AD 

until Boeing revises Boeing Special 

Attention Service Bulletin 737–25–1567 

or develops other service information to 

be inappropriate, since we have 

determined that an unsafe condition 

exists and that modification of the doormounted escape system must be done to 

ensure continued safety. However, 

under the provision of paragraph (h) of 

this AD, we might consider requests for 

approval of an AMOC if sufficient data 

are submitted to substantiate that such 

a design change would provide an 

acceptable level of safety. 

In consideration of the ATA’s concern 

about parts availability, we have 

confirmed with Boeing that it can 

provide the material listed in Boeing 

Special Attention Service Bulletin 737–

25–1567 within the 60-month 

compliance time. The only new 

component required to modify the 

compartment assembly is the material 

for the enlarged window. Therefore, we 

have made no change to the final rule 

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 1,949 airplanes of the 

affected design in the worldwide fleet. 

This AD will affect about 660 airplanes 

of U.S. registry. The required 

modification and installation actions 

will take about 2 work hours per 

airplane, at an average labor rate of $80 

per work hour. Required parts will cost 

about $207 per airplane. Based on these 

figures, the estimated cost of the AD for 

U.S. operators is $242,220, or $367 per 

airplane. 

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. 

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Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 7667 

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): 

2008–03–20 Boeing: Amendment 39–15371. 

Docket No. FAA–2007–28921; 

Directorate Identifier 2007–NM–091–AD. 

Effective Date 

(a) This AD becomes effective March 17, 

2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737–

300, –400, and –500 series airplanes, 

certificated in any category; as identified in 

Boeing Special Attention Service Bulletin 

737–25–1567, dated March 21, 2007. 

Unsafe Condition 

(d) This AD results from reports indicating 

that the forward door escape slide inflated 90 

degrees out of alignment after deployment 

from the forward right side slide 

compartment. We are issuing this AD to 

prevent the escape slide from being unusable 

during an emergency evacuation and 

consequent injury to passengers or 

crewmembers. 

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 and Installation 

(f) Within 60 months after the effective 

date of this AD, modify the door-mounted 

escape system of the forward right side door 

slide compartment, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 737–25–

1567, dated March 21, 2007. 

Prior to or Concurrent Requirement 

(g) Prior to or concurrently with the 

requirements of paragraph (f) of this AD, 

accomplish the requirements of AD 2004–02–

08, amendment 39–13443. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

Material Incorporated by Reference 

(i) You must use Boeing Special Attention 

Service Bulletin 737–25–1567, dated March 

21, 2007, 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 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/federalregister/cfr/ibr-locations.html. 

Issued in Renton, Washington, on January 

30, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–2363 Filed 2–8–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0003; Airspace 

Docket No. 08–ASW–1] 

Establishment of Class E Airspace; 

Lexington, OK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes Class 

E2 airspace at Lexington, OK. 

Additional controlled airspace is 

necessary to accommodate aircraft using 

new RNAV Global Positioning System 

(GPS) Standard Instrument Approach 

Procedures (SIAP) at Muldrow Army 

Heliport. The FAA proposes this action 

to enhance the safety and management 

of Instrument Flight Rules (IFR) aircraft 

operations at Muldrow Army Heliport, 

Lexington, OK. 

DATES: Effective Dates: 0901 UTC April 

10, 2008. Comments for inclusion in the 

rules Docket must be received March 27, 

2008. 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. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2008–

0003/Airspace Docket No. 08–ASW–1, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at http://regulations.gov. You 

may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office, telephone number 1–

800–647–5527, is on the ground floor of 

the building at the above address. 

FOR FURTHER INFORMATION CONTACT: Joe 

Yadouga, Central Service Center, 

System Support Group, Federal 

Aviation Administration, Southwest 

Region, Fort Worth, Texas 76193–0530; 

telephone number (817) 222–5597. 

SUPPLEMENTARY INFORMATION: 

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