[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Rules and Regulations]
[Pages 38014-38017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15816]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1224; Directorate Identifier 2009-NM-118-AD;
Amendment 39-16351; AD 2010-14-06]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 737-200, -300,
-400, and -500 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Model 737-300, -400, and -500 series
airplanes. That AD currently requires an
[[Page 38015]]
inspection to determine the manufacturer and manufacture date of the
oxygen masks in the passenger service unit and the lavatory and
attendant box assemblies, corrective action if necessary, and other
specified action. This new AD expands the applicability in the existing
AD. This AD results from a determination indicating that additional
airplanes may be subject to the identified unsafe condition. We are
issuing this AD to prevent the in-line flow indicators of the passenger
oxygen masks from fracturing and separating, which could inhibit oxygen
flow to the masks and consequently result in exposure of the passengers
and cabin attendants to hypoxia following a depressurization event.
DATES: This AD becomes effective August 5, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of August 5,
2010.
On April 23, 2008 (73 FR 14666, March 19, 2008), the Director of
the Federal Register approved the incorporation by reference of a
certain other publication listed in the AD.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax 206-766-5680; e-mail [email protected];
Internet https://www.myboeingfleet.com.
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: Nicholas Wilson, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 917-6476; 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 supersedes AD 2008-06-24, Amendment
39-15436 (73 FR 14666, March 19, 2008). The existing AD applies to
certain Model 737 -300, -400, and -500 series airplanes. That NPRM was
published in the Federal Register on December 30, 2009 (74 FR 69040).
That NPRM proposed to continue to require an inspection to determine
the manufacturer and manufacture date of the oxygen masks in the
passenger service unit and the lavatory and attendant box assemblies,
corrective action if necessary, and other specified action. That NPRM
also proposed to add airplanes to the applicability.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Support for the NPRM
The Boeing Company concurs with the content of the NPRM.
Request To Issue Separate Rulemaking Action for Added Airplanes
All Nippon Airways (ANA) asks that we issue a separate AD for Model
737-200 airplanes only. ANA understands the necessity of expanding the
airplane effectivity, but notes that the requirements in the existing
AD clearly target Model 737 -300, -400, and -500 series airplanes. ANA
states that a separate AD would avoid unnecessary paperwork for
issuance of a new AD that includes Model 737-300, -400, and -500 series
airplanes. ANA adds that we already approved Boeing Special Attention
Service Bulletin 737-35-1099, Revision 1, dated April 23, 2009, which
refers to B/E Aerospace Service Bulletin 174080-35-01, dated February
6, 2006; Revision 1, dated May 1, 2006; and Revision 2, dated May 28,
2008; as additional sources of guidance for modifying the oxygen mask
assembly by replacing the flow indicator with an improved flow
indicator. ANA concludes that the compliance time and requirements for
the airplanes in the existing AD have not changed in the NPRM.
We do not agree with the commenter's request to issue a separate AD
to address only Model 737-200 airplanes. As discussed in the NPRM, we
reviewed Boeing Special Attention Service Bulletin 737-35-1099,
Revision 1, dated April 23, 2009, which was issued after the existing
AD was published and expanded the effectivity of Boeing Special
Attention Service Bulletin 737-35-1099, dated April 9, 2007. (We cited
Boeing Special Attention Service Bulletin 737-35-1099, dated April 9,
2007, in the existing AD as the appropriate source of service
information for accomplishing the required actions.) In light of this
new service information, we determined that the additional airplanes
included in the effectivity of Boeing Special Attention Service
Bulletin 737-35-1099, Revision 1, dated April 23, 2009, also are
subject to the unsafe condition identified in the existing AD.
When we find that additional airplanes must be added to the
applicability of an AD, the existing AD is typically superseded to
include those airplanes. In addition, we consider that any further
delay in issuing separate rulemaking would result in an unacceptable
level of risk because doing so would allow the unsafe condition to
continue for an indefinite length of time. Therefore, we have not
changed the AD in this regard.
Request To Review Manufacturing Date Range of Affected Oxygen Masks and
Issue Additional Rulemaking
The Civil Aviation Safety Authority of Australia suggests that we
issue additional rulemaking to cover all airplanes that may have the
affected B/E Aerospace oxygen mask flow indicator assemblies installed.
The Civil Aviation Safety Authority asks that we review the
manufacturing date range of the oxygen masks identified in the NPRM.
The Civil Aviation Safety Authority states that data gathered from its
service difficulty report system revealed the failure of three oxygen
mask flow indicator assemblies similar to those identified in the NPRM.
The Civil Aviation Safety Authority notes that those assemblies have a
manufacturing date of September 13, 2001, which is prior to the date
range specified in the NPRM (January 1, 2002-March 1, 2006), and the
masks are installed on a different airplane model (Beech B300) that
have a part/dash number not included in B/E Aerospace Service Bulletin
174080-35-01 (referred to in the NPRM as an additional source of
guidance for modifying the oxygen mask assembly). The Civil Aviation
Safety Authority adds that the part number is in the 174080 series
(identified in the parts installation paragraph of the NPRM).
We acknowledge the commenter's concern and provide the following
explanation. We are aware of the issue regarding the manufacturing date
range of oxygen mask flow indicator assemblies installed on the small
[[Page 38016]]
airplane model identified by the commenter. We are currently
investigating that issue to determine if additional rulemaking action
might be necessary for airplane models other than those specified in
the applicability of this AD.
With regard to this specific AD, the failures were due to certain
mask stowage box designs that cause higher than normal stresses on the
flow indicator assemblies. The manufacturing date range was determined
by the manufacturer, and we based the AD on a review of physical test
data obtained from the oxygen masks that were available during that
review. Based on those data, the manufacturing date range addressed in
this AD is appropriate for the airplanes identified in the AD
applicability. No change to this AD is necessary.
Explanation of Change to This AD
Boeing Commercial Airplanes has received an Organization
Designation Authorization (ODA), which replaces the previous
designation as a Delegation Option Authorization (DOA) holder. We have
revised paragraph (k)(3) of this AD to add delegation of authority to
Boeing Commercial Airplanes ODA to approve an alternative method of
compliance for any repair required by this AD.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We also determined that
this change will not increase the economic burden on any operator or
increase the scope of the AD.
Explanation of Change to Costs of Compliance
Since issuance of the NPRM, we have increased the labor rate in the
Costs of Compliance from $80 per work hour to $85 per work hour. The
Costs of Compliance information, below, reflects this increase in the
specified hourly labor rate.
Costs of Compliance
There are about 1,981 airplanes of the affected design in the
worldwide fleet. This AD affects about 666 airplanes of U.S. registry.
The actions that are required by AD 2008-06-24 and retained in this
AD affect about 646 airplanes of U.S. registry. The required actions
take about 16 work hours per airplane, for an average of 180 oxygen
masks per airplane distributed in about 45 passenger service units/
oxygen boxes, at an average labor rate of $85 per work hour. Required
parts cost about $6 per oxygen mask, or $1,080 per airplane. Based on
these figures, the estimated cost of the existing AD for U.S. operators
is $1,576,240, or $2,440 per airplane.
This AD is applicable to approximately 20 additional airplanes.
Based on the figures discussed above, we estimate the costs for the
additional airplanes imposed by this AD on U.S. operators to be
$48,800, or $2,440 per airplane. This figure is based on assumptions
that no operator of these additional airplanes has yet done any of the
requirements of this AD, and that no operator will do those actions in
the future if this AD is not adopted.
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.
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
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-15436 (73 FR 14666, March 19, 2008) and by adding
the following new airworthiness directive (AD):
2010-14-06 The Boeing Company: Amendment 39-16351. Docket No. FAA-
2009-1224; Directorate Identifier 2009-NM-118-AD.
Effective Date
(a) This AD becomes effective August 5, 2010.
Affected ADs
(b) This AD supersedes AD 2008-06-24, Amendment 39-15436.
Applicability
(c) This AD applies to The Boeing Company Model 737-200, -300, -
400, and -500 series airplanes, certificated in any category; as
identified in Boeing Special Attention Service Bulletin 737-35-1099,
Revision 1, dated April 23, 2009.
Subject
(d) Air Transport Association (ATA) of America Code 35: Oxygen.
Unsafe Condition
(e) This AD results from a determination indicating that
additional airplanes may be subject to the identified unsafe
condition. The Federal Aviation Administration is issuing this AD to
prevent the in-line flow indicators of the passenger oxygen masks
from fracturing and separating, which could inhibit oxygen flow to
the masks and consequently result in exposure of the passengers and
cabin attendants to hypoxia following a depressurization event.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
[[Page 38017]]
Restatement of Requirements of AD 2008-06-24, With New Service
Information
Inspection and Related Investigative/Corrective Actions if
Necessary
(g) For airplanes identified in Boeing Special Attention Service
Bulletin 737-35-1099, dated April 9, 2007: Within 60 months after
April 23, 2008 (the effective date of AD 2008-06-24), do a general
visual inspection to determine the manufacturer and manufacture date
of the oxygen masks in the passenger service unit and the lavatory
and attendant box assemblies, and do the applicable corrective
action and other specified action, by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-35-1099, dated April
9, 2007; or Revision 1, dated April 23, 2009; except where these
service bulletins specify repairing the oxygen mask assembly,
replace it with a new or modified oxygen mask assembly having an
improved flow indicator. The corrective action and other specified
action must be done before further flight. As of the effective date
of this AD, use only Revision 1 of Boeing Special Attention Service
Bulletin 737-35-1099.
New Requirements of This AD
Inspection and Related Investigative/Corrective Actions if
Necessary
(h) For airplanes other than those identified in paragraph (g)
of this AD: Within 60 months after the effective date of this AD, do
a general visual inspection to determine the manufacturer and
manufacture date of the oxygen masks in the passenger service unit
and the lavatory and attendant box assemblies, and do the applicable
corrective action and other specified action, by accomplishing all
of the applicable actions specified in the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-35-
1099, Revision 1, dated April 23, 2009; except where this service
bulletin specifies repairing the oxygen mask assembly, replace it
with a new or modified oxygen mask assembly having an improved flow
indicator. The corrective action and other specified action must be
done before further flight.
Note 1: Boeing Special Attention Service Bulletin 737-35-1099,
dated April 9, 2007; and Revision 1, dated April 23, 2009; refer to
B/E Aerospace Service Bulletin 174080-35-01, dated February 6, 2006;
Revision 1, dated May 1, 2006; and Revision 2, dated May 28, 2008;
as additional sources of guidance for modifying the oxygen mask
assembly by replacing the flow indicator with an improved flow
indicator.
Parts Installation
(i) As of the effective date of this AD, no person may install a
B/E Aerospace oxygen mask assembly having a part number in the
174080 series or 174095 series with a manufacturing date after
January 1, 2002, and before March 1, 2006, on any airplane, unless
it has been modified in accordance with the requirements of
paragraph (h) of this AD.
Credit for Actions Done in Accordance With Previous Issue of the
Service Bulletin
(j) Actions done before the effective date of this AD, in
accordance with Boeing Special Attention Service Bulletin 737-35-
1099, dated April 9, 2007, are acceptable for compliance with the
requirements of paragraphs (g) and (h) of this AD.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Nicholas Wilson, Aerospace Engineer, Cabin Safety and
Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone (425) 917-6476; fax (425) 917-6590. Or, e-mail
information to [email protected].
(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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
Material Incorporated by Reference
(l) You must use Boeing Special Attention Service Bulletin 737-
35-1099, dated April 9, 2007; or Boeing Special Attention Service
Bulletin 737-35-1099, Revision 1, dated April 23, 2009; as
applicable; to do the actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of Boeing Special Attention Service
Bulletin 737-35-1099, Revision 1, dated April 23, 2009, under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of Boeing Special Attention Service
Bulletin 737-35-1099, dated April 9, 2007, on April 23, 2008 (73 FR
14666, March 19, 2008).
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax 206-766-5680; e-mail
[email protected]; Internet https://www.myboeingfleet.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(5) You may also review copies of the service information that
is incorporated by reference 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/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on June 18, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-15816 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-13-P