Discussion \n\n\tWe have received a report indicating that during the investigation by the Air Accident Investigation and Aviation Safety Board of Greece into the August 14, 2005, Helios Airways accident near Athens, Greece, it was found that the Boeing Model 737-300 series airplane was not pressurized during the climb from the departure airport, and the flightcrew subsequently became incapacitated. It appears that the pressurization mode selector was improperly set for flight, and that the flightcrew subsequently misinterpreted the cabin altitude warning horn as a takeoff configuration warning horn. This misinterpretation may have occurred because the same warning horn provides both warning functions on Model 737 airplanes. \n\n\tIn addition, the FAA has become aware of a number of other incidents involving Model 737 airplanes where the flightcrew reaction to a valid cabin altitude warning horn was delayed, either because the flightcrew misinterpreted thehorn as a takeoff configuration warning horn, or because they did not immediately don their oxygen masks. Crew reaction may have been delayed because the cabin altitude warning system on Model 737 airplanes provides only the warning horn; no associated cabin altitude warning light is installed that activates concurrently with the warning horn. \n\n\tFailure of the airplane to pressurize and subsequent failure of the flightcrew to recognize and react to a valid cabin altitude warning horn, if not corrected, could result in incapacitation of the flightcrew due to hypoxia (lack of oxygen in body) and consequent loss of airplane control. \n\nRelated Rulemaking \n\n\tWe have previously issued two ADs to address similar unsafe conditions. \n\n\tOn December 22, 2003, we issued AD 2003-03-15 R1, amendment 39- 13366 (68 FR 64802, November 17, 2003), to require revising the AFM to advise the flightcrew to don oxygen masks as a first and immediate step when the cabin altitude warning occurs. That ADis applicable to various Boeing and McDonnell Douglas transport category airplanes, including Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. \n\n\tOn July 14, 2003, we issued AD 2003-14-08, amendment 39-13227 (68 FR 41519, July 7, 2003), to require revising the AFM to require the same actions on various Boeing transport category airplanes, including Boeing 737-600, -700, -700C, -800, and -900 series airplanes. \n\n\tIn paragraph (a) of those ADs, a part of the revised text that we required to be placed in the AFMs of Model 737 airplanes reads "If the cabin altitude warning horn sounds: * * *" or "Condition: The cabin altitude warning horn sounds: * * *", as applicable. Boeing has advised us that in light of the information given in the Discussion section above, it has updated the AFM phrase to read "If the intermittent cabin altitude/configuration warning horn sounds in flight: * * *" We have approved this new phrase in the AD as acceptable for compliance withthe requirements of paragraph (a) of ADs 2003-14-08 and 2003-03-15 R1. \n\nFAA's Determination and Requirements of This AD \n\n\tThe unsafe condition described previously is likely to exist or develop on other airplanes of the same type design. For this reason, we are issuing this AD 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. This 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. \n\nInterim Action \n\n\tRevisions to the Emergency or Non-Normal Procedures sections of the AFM are considered to be interim action. The manufacturerhas advised that it currently is developing a design change in the cabin altitude warning system that will address the unsafe condition addressed by this AD. Once this design change is developed, approved, and available, the FAA may consider additional rulemaking. \n\nFAA's Determination of the Effective Date \n\n\tSince an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists to make this AD effective in less than 30 days. \n\nComments Invited \n\n\tThis AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include "Docket No. FAA-2006- 25102; Directorate Identifier 2006-NM-117-AD" at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it. \n\n\tWe will post all comments we receive, without change, to http://dms.dot.gov , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov. \n\nExamining the Docket \n\n\tYou may examine the AD docket on the Internet at http://dms.dot.gov , or in person at the Docket Management Facility office between 9 a.m. and5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647- 5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. \n\nAuthority for This Rulemaking \n\n\tTitle 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. \n\n\tWe 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. \n\nRegulatory Findings \n\n\tWe 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.\n \n\tFor the reasons discussed above, I certify that the regulation: \n\n\t1. Is not a "significant regulatory action" under Executive Order 12866; \n\n\t2. Is not a "significant rule" under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and \n\n\t3. 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. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):