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7666 Federal Register / Vol. 73, No.

28 / Monday, February 11, 2008 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Aircraft Certification Office, 1601 Lind In consideration of the ATA’s concern
Avenue, SW., Renton, Washington about parts availability, we have
Federal Aviation Administration 98057–3356; telephone (425) 917–6457; confirmed with Boeing that it can
fax (425) 917–6590. provide the material listed in Boeing
14 CFR Part 39 SUPPLEMENTARY INFORMATION: Special Attention Service Bulletin 737–
[Docket No. FAA–2007–28921; Directorate 25–1567 within the 60-month
Discussion compliance time. The only new
Identifier 2007–NM–091–AD; Amendment
39–15371; AD 2008–03–20] The FAA issued a notice of proposed component required to modify the
rulemaking (NPRM) to amend 14 CFR compartment assembly is the material
RIN 2120–AA64 part 39 to include an AD that would for the enlarged window. Therefore, we
apply to certain Boeing Model 737–300, have made no change to the final rule
Airworthiness Directives; Boeing
–400, and –500 series airplanes. That in this regard.
Model 737–300, –400, and –500 Series
NPRM was published in the Federal
Airplanes Conclusion
Register on August 16, 2007 (72 FR
AGENCY: Federal Aviation 45972). That NPRM proposed to require, We have carefully reviewed the
Administration (FAA), Department of among other actions, modifying the available data, including the comments
Transportation (DOT). door-mounted escape system of the received, and determined that air safety
ACTION: Final rule. forward right side door slide and the public interest require adopting
compartment. the AD as proposed.
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain Comments Costs of Compliance
Boeing Model 737–300, –400, and –500 We provided the public the There are about 1,949 airplanes of the
series airplanes. This AD requires, opportunity to participate in the affected design in the worldwide fleet.
among other actions, modifying the development of this AD. We have This AD will affect about 660 airplanes
door-mounted escape system of the considered the comments received. of U.S. registry. The required
forward right side door slide modification and installation actions
Support for NPRM
compartment. This AD results from will take about 2 work hours per
reports indicating that the forward right Boeing and the Air Transport airplane, at an average labor rate of $80
escape slide inflated 90 degrees out of Association (ATA), on behalf of its per work hour. Required parts will cost
alignment after deployment from the member Continental, support the NPRM about $207 per airplane. Based on these
forward right side slide compartment. as proposed. figures, the estimated cost of the AD for
We are issuing this AD to prevent the Request To Allow Replacement of U.S. operators is $242,220, or $367 per
escape slide from being unusable during Entire Compartment Assembly airplane.
an emergency evacuation and Authority for This Rulemaking
The ATA requests that operators be
consequent injury to passengers or
allowed to replace the entire Title 49 of the United States Code
compartment assembly rather than specifies the FAA’s authority to issue
DATES: This AD becomes effective modifying it in accordance with Boeing rules on aviation safety. Subtitle I,
March 17, 2008. Special Attention Service Bulletin 737– Section 106, describes the authority of
The Director of the Federal Register 25–1567, dated March 21, 2007 (referred the FAA Administrator. Subtitle VII,
approved the incorporation by reference to as the appropriate source of service Aviation Programs, describes in more
of a certain publication listed in the AD information in the AD for detail the scope of the Agency’s
as of March 17, 2008. accomplishing the required authority.
ADDRESSES: For service information modification). The ATA has concerns We are issuing this rulemaking under
identified in this AD, contact Boeing about the availability of the slide the authority described in Subtitle VII,
Commercial Airplanes, P.O. Box 3707, compartment parts from Boeing. Part A, Subpart III, Section 44701,
Seattle, Washington 98124–2207. We partially agree with the ATA. We ‘‘General requirements.’’ Under that
agree that replacing the entire section, Congress charges the FAA with
Examining the AD Docket
compartment assembly may be an promoting safe flight of civil aircraft in
You may examine the AD docket on alternative method of compliance air commerce by prescribing regulations
the Internet at http:// (AMOC) to the modification for practices, methods, and procedures
www.regulations.gov; or in person at the requirements of this AD. However, we the Administrator finds necessary for
Docket Management Facility between 9 do not have service information which safety in air commerce. This regulation
a.m. and 5 p.m., Monday through describes such a replacement. We is within the scope of that authority
Friday, except Federal holidays. The AD consider delaying issuance of this AD because it addresses an unsafe condition
docket contains this AD, the regulatory until Boeing revises Boeing Special that is likely to exist or develop on
evaluation, any comments received, and Attention Service Bulletin 737–25–1567 products identified in this rulemaking
other information. The address for the or develops other service information to action.
Docket Office (telephone 800–647–5527) be inappropriate, since we have
is the Document Management Facility, determined that an unsafe condition Regulatory Findings
U.S. Department of Transportation, exists and that modification of the door- We have determined that this AD will
Docket Operations, M–30, West mounted escape system must be done to not have federalism implications under
Building Ground Floor, Room W12–140, ensure continued safety. However, Executive Order 13132. This AD will
1200 New Jersey Avenue, SE., under the provision of paragraph (h) of not have a substantial direct effect on
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Washington, DC 20590. this AD, we might consider requests for the States, on the relationship between
FOR FURTHER INFORMATION CONTACT: approval of an AMOC if sufficient data the national government and the States,
Robert Hettman, Aerospace Engineer, are submitted to substantiate that such or on the distribution of power and
Cabin Safety & Environmental Systems a design change would provide an responsibilities among the various
Branch, ANM–150S, FAA, Seattle acceptable level of safety. 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 the compliance times specified, unless the DEPARTMENT OF TRANSPORTATION
certify that this AD: actions have already been done.
(1) Is not a ‘‘significant regulatory Modification and Installation
Federal Aviation Administration
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under (f) Within 60 months after the effective 14 CFR Part 71
DOT Regulatory Policies and Procedures date of this AD, modify the door-mounted
(44 FR 11034, February 26, 1979); and escape system of the forward right side door
[Docket No. FAA–2008–0003; Airspace
(3) Will not have a significant slide compartment, in accordance with the
Docket No. 08–ASW–1]
economic impact, positive or negative, Accomplishment Instructions of Boeing
on a substantial number of small entities Special Attention Service Bulletin 737–25– Establishment of Class E Airspace;
under the criteria of the Regulatory 1567, dated March 21, 2007. Lexington, OK
Flexibility Act. Prior to or Concurrent Requirement
We prepared a regulatory evaluation AGENCY:Federal Aviation
of the estimated costs to comply with (g) Prior to or concurrently with the
Administration (FAA), DOT.
requirements of paragraph (f) of this AD,
this AD and placed it in the AD docket.
accomplish the requirements of AD 2004–02– Direct final rule; request for
See the ADDRESSES section for a location
08, amendment 39–13443. comments.
to examine the regulatory evaluation.
Alternative Methods of Compliance
List of Subjects in 14 CFR Part 39 SUMMARY: This action establishes Class
Air transportation, Aircraft, Aviation E2 airspace at Lexington, OK.
(h)(1) The Manager, Seattle Aircraft Additional controlled airspace is
safety, Incorporation by reference, Certification Office, FAA, has the authority to
Safety. necessary to accommodate aircraft using
approve AMOCs for this AD, if requested in new RNAV Global Positioning System
Adoption of the Amendment accordance with the procedures found in 14 (GPS) Standard Instrument Approach
CFR 39.19. Procedures (SIAP) at Muldrow Army
■ Accordingly, under the authority (2) To request a different method of
delegated to me by the Administrator, Heliport. The FAA proposes this action
compliance or a different compliance time to enhance the safety and management
the FAA amends 14 CFR part 39 as for this AD, follow the procedures in 14 CFR
follows: of Instrument Flight Rules (IFR) aircraft
39.19. Before using any approved AMOC on operations at Muldrow Army Heliport,
any airplane to which the AMOC applies,
notify your appropriate principal inspector
DIRECTIVES (PI) in the FAA Flight Standards District DATES: Effective Dates: 0901 UTC April
■ 1. The authority citation for part 39 Office (FSDO), or lacking a PI, your local 10, 2008. Comments for inclusion in the
continues to read as follows: FSDO. rules Docket must be received March 27,
Authority: 49 U.S.C. 106(g), 40113, 44701.
2008. The Director of the Federal
Material Incorporated by Reference
Register approves this incorporation by
§ 39.13 [Amended] (i) You must use Boeing Special Attention reference action under Title 1, Code of
Service Bulletin 737–25–1567, dated March Federal Regulations, part 51, subject to
■ 2. The Federal Aviation 21, 2007, to perform the actions that are
Administration (FAA) amends § 39.13 the annual revision of FAA Order
required by this AD, unless the AD specifies 7400.9 and publication of conforming
by adding the following new otherwise. The Director of the Federal
airworthiness directive (AD): amendments.
Register approved the incorporation by
2008–03–20 Boeing: Amendment 39–15371. reference of this document in accordance ADDRESSES: Send comments on this
Docket No. FAA–2007–28921; with 5 U.S.C. 552(a) and 1 CFR part 51. proposal to the U.S. Department of
Directorate Identifier 2007–NM–091–AD. Contact Boeing Commercial Airplanes, P.O. Transportation, Docket Operations, 1200
Effective Date Box 3707, Seattle, Washington 98124–2207 New Jersey Avenue, SE., West Building
(a) This AD becomes effective March 17, for a copy of this service information. You Ground Floor, Room W12–140,
2008. may review copies at the FAA, Transport Washington, DC 20590–0001. You must
Airplane Directorate, 1601 Lind Avenue, identify the docket number FAA–2008–
Affected ADs SW., Renton, Washington; or at the National 0003/Airspace Docket No. 08–ASW–1,
(b) None. Archives and Records Administration at the beginning of your comments. You
Applicability (NARA). For information on the availability may also submit comments through the
of this material at NARA, call 202–741–6030, Internet at http://regulations.gov. You
(c) This AD applies to Boeing Model 737–
300, –400, and –500 series airplanes, or go to: http://www.archives.gov/federal- may review the public docket
certificated in any category; as identified in register/cfr/ibr-locations.html. containing the proposal, any comments
Boeing Special Attention Service Bulletin Issued in Renton, Washington, on January received, and any final disposition in
737–25–1567, dated March 21, 2007. 30, 2008. person in the Dockets Office between 9
Unsafe Condition Ali Bahrami, a.m. and 5 p.m., Monday through
(d) This AD results from reports indicating Friday, except Federal holidays. The
Manager, Transport Airplane Directorate,
that the forward door escape slide inflated 90 Aircraft Certification Service.
Docket Office, telephone number 1–
degrees out of alignment after deployment 800–647–5527, is on the ground floor of
[FR Doc. E8–2363 Filed 2–8–08; 8:45 am]
from the forward right side slide the building at the above address.
compartment. We are issuing this AD to BILLING CODE 4910–13–P
prevent the escape slide from being unusable FOR FURTHER INFORMATION CONTACT: Joe
during an emergency evacuation and Yadouga, Central Service Center,
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consequent injury to passengers or System Support Group, Federal

crewmembers. Aviation Administration, Southwest
Compliance Region, Fort Worth, Texas 76193–0530;
telephone number (817) 222–5597.
(e) You are responsible for having the
actions required by this AD performed within SUPPLEMENTARY INFORMATION:

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