[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Rules and Regulations]
[Pages 66512-66514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26373]
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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.
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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 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.
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 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 http://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]
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