[Federal Register Volume 67, Number 63 (Tuesday, April 2, 2002)]
[Rules and Regulations]
[Pages 15470-15472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7414]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-22-AD; Amendment 39-12693; AD 2002-06-15]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777-200 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 777-200 and -300 series airplanes. 
This action requires replacement of the switch guard on the switch used 
to control the passenger and/or therapeutic oxygen system with a new, 
improved switch guard. This action is necessary to prevent displacement 
of the passenger/therapeutic oxygen switch, which could result in the 
unavailability of supplemental/therapeutic oxygen and possible 
incapacitation of passengers during flight. This action is intended to 
address the identified unsafe condition.

DATES: Effective April 17, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 17, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before June 3, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-22-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-22-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in this AD may be obtained from 
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
98124-2207. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Susan Letcher, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2670; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: The airplane manufacturer has advised the 
FAA that the switch guard on the three-position momentary switch used 
to control the gaseous passenger/theraputic oxygen system is defective 
on certain Boeing Model 777-200 and -300 series airplanes. Each 
airplane is equipped with one switch if the airplane oxygen system is 
only equipped with passenger oxygen, or two switches if the oxygen 
system includes the optional therapeutic oxygen. The switch or switches 
are located on the P5 panel of the flight deck and are designed to stay 
at the centered ``NORMAL'' position, but can be toggled to the 
``RESET'' or ``ON'' position. Each switch is prevented from inadvertent 
toggling out of the ``NORMAL'' position by a protective guard. The 
manufacturer has advised us that when the protective guard is in place, 
the switch can be deflected slightly and put into a continuous 
``RESET'' mode, due to a defective wire hoop installed on the switch 
guard. If the passenger or therapeutic oxygen switch are in ``RESET'' 
mode, and the passenger oxygen masks are deployed, the oxygen flow 
control units which regulate the flow of oxygen from the supply 
cylinders into the passenger masks may not open to deliver supplemental 
oxygen to the passengers. This condition, if not corrected, could 
result in possible incapacitation of passengers during flight.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
777-35A0010, dated October 4, 2001, which describes procedures for 
replacement of the switch guard on the switch used to control the 
passenger and/or therapeutic oxygen module assemblies with a new, 
improved switch guard, and changing the part number on the module 
assembly. The service bulletin also describes procedures for doing a 
functional test if the module assemblies are removed and the wiring is 
disconnected before replacing the switch guard. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition.

Explanation of Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to prevent displacement of the passenger/therapeutic 
oxygen switch, which could result in the unavailability of 
supplemental/therapeutic oxygen and possible incapacitation of 
passengers during flight. This AD requires replacement of the switch 
guard on the switch used to control the passenger and/or therapeutic 
oxygen module assemblies with a new, improved switch guard. The actions 
are required to be accomplished in accordance with the service bulletin 
described previously, except as discussed below.

Difference Between This AD and the Alert Service Bulletin

    The service bulletin recommends accomplishment of the actions as 
soon as manpower and materials are available, but the FAA has 
determined that a 90-day compliance time is necessary to address the 
identified unsafe condition in a timely manner. In developing an 
appropriate compliance time for this AD, the FAA considered not only 
the manufacturer's recommendation, but the degree of urgency associated 
with addressing the subject unsafe condition, the average utilization 
of the affected fleet, and the time necessary to perform the actions. 
In light of all of these factors, the FAA finds a 90-day compliance 
time for completion of the actions to be warranted, in that it 
represents an appropriate interval of time allowable for affected 
airplanes to continue to operate without compromising safety.

[[Page 15471]]

Cost Impact

    None of the Model 777-200 and -300 series airplanes affected by 
this action are on the U.S. Register. All airplanes included in the 
applicability of this rule currently are operated by non-U.S. operators 
under foreign registry; therefore, they are not directly affected by 
this AD action. However, the FAA considers that this rule is necessary 
to ensure that the unsafe condition is addressed in the event that any 
of these subject airplanes are imported and placed on the U.S. Register 
in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 1 work hour to 
accomplish the required actions, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of this AD would be 
$60 per airplane.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. Register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
rule by submitting such written data, views, or arguments as they may 
desire. Communications shall identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-22-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

2002-06-15  Boeing: Amendment 39-12693. Docket 2002-NM-22-AD.
    Applicability: Model 777-200 and -300 series airplanes, as 
listed in Boeing Alert Service Bulletin 777-35A0010, dated October 
4, 2001; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent displacement of the passenger/therapeutic oxygen 
switch, which could result in the unavailability of supplemental/
therapeutic oxygen and possible incapacitation of passengers during 
flight, accomplish the following:

Replacement

    (a) Within 90 days after the effective date of this AD: Replace 
the switch guard on the switch used to control the passenger and/or 
therapeutic oxygen module assemblies, as applicable (including 
changing the part number on the module assembly, or a functional 
test, as applicable), with a new, improved switch guard per Figure 1 
or Figure 2, as applicable, of the Accomplishment Instructions of 
Boeing Alert Service Bulletin 777-35A0010, dated October 4, 2001.

Spares

    (b) As of the effective date of this AD, no one may install on 
any airplane a switch guard that has a part number listed in the 
``Existing Part Number'' column of Paragraph 2.E. of Boeing Alert 
Service Bulletin 777-35A0010, dated October 4, 2001.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.


[[Page 15472]]



Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (e) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 777-35A0010, dated October 4, 2001. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Boeing Commercial Airplane Group, 
P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on April 17, 2002.

    Issued in Renton, Washington, on March 21, 2002.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-7414 Filed 4-1-02; 8:45 am]
BILLING CODE 4910-13-P