[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Rules and Regulations]
[Pages 47194-47197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18624]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0046; Directorate Identifier 2009-NM-086-AD;
Amendment 39-16383; AD 2010-16-06]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 737-300, -400,
-500, -600, -700, and -800 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 737-300, -400, -500, -600, -700, and -800 series airplanes. This
AD requires inspecting to verify the part number of the low-pressure
flex-hoses of the crew oxygen system installed under the oxygen mask
stowage boxes located within the flight deck, and replacing the flex-
hose with a new non-conductive low-pressure flex-hose if necessary.
This AD results from reports of low-pressure flex-hoses of the crew
oxygen system that burned through due to inadvertent electrical current
from a short circuit in the audio select panel. We are issuing this AD
to prevent inadvertent electrical current, which can cause the low-
pressure flex-hoses of the crew oxygen system to melt or burn, causing
oxygen system leakage and smoke or fire.
DATES: This AD is effective September 9, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 9,
2010.
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,
[[Page 47195]]
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: Susan L. Monroe, 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) 917-6457; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Model 737-300, -400, -500, -600, -700, and -800 series
airplanes. That NPRM was published in the Federal Register on January
22, 2010 (75 FR 3662). That NPRM proposed to require inspecting to
verify the part number of the low-pressure flex-hoses of the crew
oxygen system installed under the oxygen mask stowage boxes located
within the flight deck, and replacing the flex-hose with a new non-
conductive low-pressure flex-hose if necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Support of NPRM
Boeing concurs with the contents of the NPRM.
Request for Clarification of Cup-Type Oxygen Mask Applicability
All Nippon Airways requests that the FAA clarify the NPRM by
including a note stating that the cup-type oxygen mask at the observer
seat position is not included in the applicability statement of the
NPRM, as stated in a note in the Accomplishment Instructions of Boeing
Service Bulletin 737-35A1053, Revision 1, dated June 1, 2000.
We agree that clarification is necessary. Boeing Service Bulletin
737-35A1053, Revision 1, dated June 1, 2000, provides information that
describes the applicable parts and equipment. ADs do not identify parts
and equipment that are not applicable; therefore, the cup-type oxygen
mask is not included in the applicability statement. No change has been
made to the AD in this regard.
Request To Extend Compliance Time
The Air Transport Association on behalf of its member American
Airlines, requests that the 36-month compliance time be extended to 72
months to allow accomplishment during heavy maintenance. American
Airlines states that this extended compliance time would be consistent
with the apparent urgency being placed on this inspection by the FAA,
which has waited over ten years since the original release of the
service bulletin to issue the NPRM. American Airlines also states that
the compliance urgency should also take into account that the proposed
AD results from reports of hoses that burned through on a Model 757
airplane due to electrical current from a short circuit in the audio
selector panel with no mention of reports of burned-through hoses on
properly maintained Model 737 airplanes.
We do not agree. American Airlines provides no technical
justification for extending the compliance time. In developing an
appropriate compliance time, we considered the safety implications,
parts availability, and normal maintenance schedules for timely
accomplishment of the required actions. Further, we arrived at the
compliance time with manufacturer concurrence. In consideration of all
of these factors, we determined that the compliance time, as proposed,
represents an appropriate interval in which the inspections can be done
in a timely manner within the fleet, while still maintaining an
adequate level of safety. If additional data are presented that would
justify a longer compliance time, we may consider further rulemaking on
this issue. No change has been made to the AD in this regard.
Request for Clarification of Conductive Oxygen Hose Part Numbers
The Air Transport Association on behalf of its member American
Airlines, requests clarification regarding the conductive oxygen hose
part numbers in Table 1 of the NPRM and the applicable airplane models.
American Airlines states that the NPRM requires inspections for five
conductive hose part numbers regardless of model applicability, and
does not differentiate between part numbers that are applicable to
Model 737-300, -400, and -500 series airplanes, and those applicable to
Models 737-600, -700, and -800 series airplanes. American Airlines
states that if an operator who flies only Model 737-800 series
airplanes has accomplished Boeing Service Bulletin 737-35A1058,
Revision 1, dated June 1, 2000, for Model 737-800 airplanes prior to
the effective date of the NPRM, the operator would now be required to
perform another inspection to look for the part numbers in Boeing
Service Bulletin 737-35A1053, Revision 1, dated June 1, 2000, which
does not apply to Model 737-800 airplanes. American Airlines asserts
that this places undue burden and expense on the operator.
We agree that clarification is needed regarding the conductive hose
part numbers. We have changed Table 1 of this final rule to identify
part numbers for only Model 737-300, -400, and -500 series airplanes.
Table 2 has been added to this final rule to identify part numbers for
Model 737-600, -700, and -800 series airplanes.
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 changes described previously. We also determined that
these changes 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 used
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
We estimate that this AD will affect 851 airplanes of U.S.
registry. We also estimate that it will take 1 work-hour per product to
comply with this AD. The average labor rate is $85 per work-hour. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $72,335, or $85 per product.
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
[[Page 47196]]
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 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, 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 FAA amends Sec. 39.13 by adding the following new AD:
2010-16-06 The Boeing Company: Amendment 39-16383. Docket No. FAA-
2010-0046; Directorate Identifier 2009-NM-086-AD.
Effective Date
(a) This airworthiness directive (AD) is effective September 9,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category.
(1) The Boeing Company Model 737-300, -400, and -500 series
airplanes, as identified in Boeing Service Bulletin 737-35A1053,
Revision 1, dated June 1, 2000.
(2) The Boeing Company Model 737-600, -700, and -800 series
airplanes, as identified in Boeing Service Bulletin 737-35A1058,
Revision 1, dated June 1, 2000.
Subject
(d) Air Transport Association (ATA) of America Code 35: Oxygen.
Unsafe Condition
(e) This AD results from reports of low-pressure flex-hoses of
the crew oxygen system that burned through due to inadvertent
electrical current from a short circuit in the audio select panel.
The Federal Aviation Administration is issuing this AD to prevent
inadvertent electrical current, which can cause the low-pressure
flex-hoses of the crew oxygen system to melt or burn, resulting in
oxygen system leakage and smoke or fire.
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.
Inspection and Replacement
(g) Within 36 months after the effective date of this AD, do an
inspection to determine whether any low-pressure flex-hose of the
crew oxygen system installed under the oxygen mask stowage box in
the flight deck has a part number identified in Table 1 or Table 2
of this AD, as applicable. A review of airplane maintenance records
is acceptable in lieu of this inspection if the part number of the
low-pressure flex-hoses of the crew oxygen system can be
conclusively determined from that review.
(1) For any hose having a part number identified in Table 1 or
Table 2 of this AD, as applicable, before further flight, replace
the hose with a new or serviceable part, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 737-35A1053,
Revision 1, dated June 1, 2000; or Boeing Service Bulletin 737-
35A1058, Revision 1, dated June 1, 2000; as applicable.
(2) For any hose not having a part number identified in Table 1
or Table 2 of this AD no further action is required by this
paragraph.
Table 1--Applicable Part Numbers for Model 737-300, -400, and -500
Series Airplanes
------------------------------------------------------------------------
Equivalent Boeing supplier part Nos.
Boeing specification part No. ---------------------------------------
Puritan bennett Hydraflow
------------------------------------------------------------------------
10-60174-31..................... 173470-31......... 37001-31
10-60174-35..................... 173470-35......... 37001-35
10-60174-46..................... Not Applicable.... 37001-46
60B50059-99..................... Not Applicable.... 38001-99
------------------------------------------------------------------------
Table 2--Applicable Part Numbers for Model 737-600, -700, and -800
Series Airplanes
------------------------------------------------------------------------
Equivalent Boeing supplier part Nos.
Boeing specification part No. ---------------------------------------
Puritan bennett Hydraflow
------------------------------------------------------------------------
10-60174-31..................... 173470-31......... 37001-31
10-60174-35..................... 173470-35......... 37001-35
60B50059-124.................... Not Applicable.... 38001-124
------------------------------------------------------------------------
Parts Installation
(h) As of the effective date of this AD, no person may install a
crew oxygen hose with a part number identified in Table 1 or Table 2
of this AD, as applicable, on any airplane.
Actions Accomplished According to Previous Issue of Service Bulletins
(i) Actions accomplished before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 737-35A1053, dated
September 2, 1999; or Boeing Alert Service Bulletin 737-35A1058,
dated September 2, 1999; as applicable; are considered acceptable
for compliance with the corresponding actions specified in this AD.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the
[[Page 47197]]
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to Attn: Susan L.
Monroe, 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-
6457; 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.
Material Incorporated by Reference
(k) You must use Boeing Service Bulletin 737-35A1053, Revision
1, dated June 1, 2000; or Boeing Service Bulletin 737-35A1058,
Revision 1, dated June 1, 2000; 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 this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) 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.
(3) 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.
(4) 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 July 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-18624 Filed 8-4-10; 8:45 am]
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