AD 2003-03-15

Effective March 7, 2003.

Information pertaining to this AD may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California.

Boeing Airplane Models: Don Eiford, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2788; fax (425) 227-1181.

McDonnell Douglas Airplane Models: Joe Hashemi, Aerospace Engineer, Flight Test Branch, ANM-160L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5380; fax (562) 627-5210.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to various Boeing and McDonnell Douglas transport category airplanes was published in the Federal Register on June 26, 2002 (67 FR 43058). That action proposed to require revising the Airplane Flight Manual (AFM) to advise the flightcrew to don oxygen masks as a first and immediate step when the cabin altitude warning horn sounds.

Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.

One commenter supports the proposed AD, and another commenter states that it has surveyed its fleet and is already in compliance with the proposed AD.

One commenter notes an inconsistency in the proposed AD. In the preamble of the proposed AD, the FAA states that appropriate instructions for donning emergency oxygen masks are already contained in the AFM for Boeing Model 737-600, -700, -800, and “900 series airplanes. Thus, those airplanes are not included in the applicability of the proposed AD. The commenter points out, however, that the AFM for Boeing Model 737-600, -700, -800, and -900 series airplanes contains wording similar to that in the AFM for Boeing Model 737-300, -400, and -500 series airplanes, which are included in the applicability of the proposed AD. The commenter also notes that the AFM for Boeing Model 757-300 series airplanes does not address the donning of crew oxygen masks during rapid depressurization, although the proposed AD states that the AFMs for 757 series airplanes contain appropriate instructions for donning oxygen masks. The commenter asks that we review all AFMs again to ensure that the AFM contains appropriate instructions.

We partially concur with the commenter's request. Where we state in the proposed AD that the AFMs for certain models already contain appropriate instructions for the donning of oxygen masks, we should have stated that either the AFM or the airplane operations manual (AOM) contains appropriate instructions for the donning of oxygen masks. For the models identified by the commenter, the AOM contains appropriate instructions for donning oxygen masks. For this reason, those airplanes were not included in the applicability of the proposed AD.

We acknowledge the commenter's concerns. Thus, we have repeated the review of AFMs of all airplanes that were not included in the proposed AD because correct instructions exist in the AOM. We are planning additional rulemaking to revise the AFMs for all airplane models that have inadequate instructions for donning oxygen masks.

The FAA does not agree that it is necessary to repeat the review of the AFMs for all transport category airplanes to ensure that instructions for donning oxygen masks are adequate. As we stated previously, the models identified by the commenter are all airplanes for which adequate instructions for donning oxygen masks are included in the AOM. As this is a specific and finite group of airplanes, and we have repeated the review of AFMs for this group, we find that it is unnecessary to repeat the review of the AFMs for all transport category airplanes. No change to this final rule is necessary in this regard.

One commenter requests that we revise Figure 5 of the proposed AD, which contains revised AFM wording for McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 series airplanes. The commenter requests that the wording “If the cabin altitude warning horn sounds” be changed to “If a cabin altitude warning occurs.” The commenter's rationale is that not all DC-9 series airplanes have a cabin altitude warning horn. The commenter also requests that the words “crew oxygen mask” be revised to “crew oxygen masks” to match the wording of the original AFM.

We concur and have revised Figure 5 of this final rule accordingly.

One commenter states that it finds the new AFM wording within the proposed AD acceptable and will revise its AFMs accordingly. However, in view of the deletion of the references to 14,000-feet altitude, the commenter requests that we not include references to 14,000 feet altitude in supplementary or separate AFM checklists or other documents. The commenter states no rationale for its request.

We acknowledge the commenter's request and will take steps to ensure that supplemental or separate AFM revisions do not contain the wording specified by the commenter. No change to this final rule is needed in this regard.

After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes previously described. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.

There are approximately 7,077 airplanes (5,178 Boeing airplanes and 1,899 McDonnell Douglas airplanes) of the affected designs in the worldwide fleet. The FAA estimates that 3,479 airplanes (2,392 Boeing airplanes and 1,087 McDonnell Douglas airplanes) of U.S. registry will be affected by this AD. It will take approximately 1 work hour per airplane to accomplish the required AFM revision, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of this AD on U.S. operators is estimated to be $208,740, or $60 per airplane.

The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions.

The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.

For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES.

Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

1. The authority citation for part 39 continues to read as follows:

2. Section 39.13 is amended by adding the following new airworthiness directive: