[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Rules and Regulations]
[Pages 37781-37783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14189]



[[Page 37781]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0012; Directorate Identifier 2007-NM-204-AD; 
Amendment 39-15584; AD 2008-13-21]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -400ER 
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 
Boeing Model 767-200, -300, and -400ER series airplanes. This AD 
requires an inspection to determine the manufacturer and manufacture 
date of the oxygen masks in the passenger service units and the flight 
attendant and lavatory oxygen boxes, as applicable. This AD also 
requires related investigative/corrective actions if necessary. This AD 
results from a report that several passenger masks with broken in-line 
flow indicators were found following a mask deployment. 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 is effective August 6, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 6, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

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: Robert Hettman, 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 Boeing Model 767-200, -300, and -400ER series airplanes. That 
NPRM was published in the Federal Register on January 14, 2008 (73 FR 
2190). That NPRM proposed to require an inspection to determine the 
manufacturer and manufacture date of the oxygen masks in the passenger 
service units and the flight attendant and lavatory oxygen boxes, as 
applicable. That NPRM also proposed to require related investigative/
corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the two commenters.

Request To Revise the Relevant Service Information Section

    Boeing requests that we revise the Relevant Service Information 
section of the NPRM to include a general visual inspection of the flow 
indicator to determine whether the letter ``W'' appears on the right 
side of the identification (ID) label. Boeing states that this 
inspection should be included in the NPRM, since the presence of the 
letter ``W'' on the ID label indicates that the corrective actions have 
already been accomplished.
    We agree to clarify the related investigative and corrective 
actions required by this AD. If the ID label on the oxygen mask shows 
that the mask was manufactured by B/E Aerospace between January 1, 
2002, and March 1, 2006, then the related investigative action must be 
done. The related investigative action includes doing a general visual 
inspection of the flow indicator to determine the color of the flow 
direction mark and the word ``flow'' on the flow indicator, and to 
determine whether the letter ``W'' appears on the right side of the ID 
label. If the flow direction mark and the word ``flow'' on the flow 
indicator of the oxygen mask are not green and the letter ``W'' is not 
shown on the right side of the ID label, then the corrective action 
must be done. The corrective action includes replacing the oxygen mask 
with one that was not manufactured by B/E Aerospace between January 1, 
2002, and March 1, 2006, or with a modified oxygen mask having an 
improved flow indicator. We have revised paragraph (f) of this AD 
accordingly. (Boeing Special Attention Service Bulletin 767-35-0054, 
dated July 6, 2006, refers to B/E Aerospace Service Bulletin 174080-35-
01, dated February 6, 2006; and Revision 1, dated May 1, 2006; as 
additional sources of service information for modifying the oxygen mask 
assembly by replacing the flow indicator with an improved flow 
indicator.) The intent of this AD is to accomplish all of the 
applicable actions specified in the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 767-35-0054. Since the 
Relevant Service Information section is not retained in an AD, we have 
not changed this AD in this regard.

Request To Revise the Discussion Section

    Boeing requests that we add a statement to the Discussion section 
of the NPRM clarifying that only masks manufactured by B/E Aerospace 
between January 1, 2002, and March 1, 2006, would require corrective 
action. Boeing states that no further action is required for oxygen 
masks manufactured outside those dates or manufactured by other 
suppliers. Boeing also states that not including all of the contents of 
Boeing Special Attention Service Bulletin 767-35-0054 in this AD, and 
not clarifying the intent of the AD, will generate many requests for 
clarification from operators.
    We have clarified the requirements of this AD in our response to 
the previous comment. No additional change to this AD is necessary in 
this regard, since the Discussion section of the NPRM is not retained 
in this final rule.

Request To Delete Certain Requirements or Add a Terminating Action

    British Airways states that it does not agree with the proposed 
requirement to replace a discrepant oxygen mask with one having an 
improved flow indicator because only the oxygen masks identified in 
Boeing Special Attention Service Bulletin 767-35-0054 are potentially 
defective. The commenter also states that it has inspected some of its 
airplanes and replaced all discrepant masks with new masks that do not 
fall within the rejection criteria. The commenter believes that it 
should not have to re-inspect the oxygen masks assemblies for the 
presence of an

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improved flow indicator after this AD is issued. The commenter, 
therefore, requests that we revise this AD in either one of the 
following ways:
     Delete the phrase from paragraph (f) of this AD that 
states ``* * * except where the service bulletin specifies installing a 
new oxygen mask, replace the oxygen mask with a new or modified oxygen 
mask having an improved flow indicator.''
     Add a statement to this AD specifying that inspections 
done in accordance with Boeing Special Attention Service Bulletin 767-
35-0054 before issuance of this AD comply with the intent of this AD 
and do not need to be repeated.
    We agree that inspections done in accordance with Boeing Special 
Attention Service Bulletin 767-35-0054 before the effective date of 
this AD do not need to be accomplished again. However, no change is 
necessary in this regard, since a similar statement is contained in 
paragraph (e) of this AD. Further, as stated previously, we have 
clarified the phrase regarding replacement of the oxygen mask in 
paragraph (f) of this AD. The intent of that phrase is to provide the 
option of replacing a discrepant oxygen mask with one that was not 
manufactured by B/E Aerospace between January 1, 2002, and March 1, 
2006, or with a modified oxygen mask having an improved flow indicator 
in accordance with B/E Aerospace Service Bulletin 174080-35-01.

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.

Costs of Compliance

    There are about 688 airplanes of the affected design in the 
worldwide fleet. This AD affects about 242 airplanes of U.S. registry. 
The required actions take about 53 work hours per airplane, with an 
average of 360 oxygen masks per airplane, at an average labor rate of 
$80 per work hour. Based on these figures, the estimated cost of the AD 
for U.S. operators is $1,026,080, or $4,240 per airplane.

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

    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:

2008-13-21 Boeing: Amendment 39-15584. Docket No. FAA-2008-0012; 
Directorate Identifier 2007-NM-204-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective August 6, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -400ER 
series airplanes, certificated in any category; as identified in 
Boeing Special Attention Service Bulletin 767-35-0054, dated July 6, 
2006.

Unsafe Condition

    (d) This AD results from a report that several passenger masks 
with broken in-line flow indicators were found following a mask 
deployment. 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.

Compliance

    (e) 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 Related Investigative/Corrective Actions

    (f) 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 units 
and the flight attendant and lavatory oxygen boxes, as applicable, 
and do the applicable related investigative and corrective actions, 
by accomplishing all of the applicable actions specified in the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-35-0054, dated July 6, 2006; except where the service 
bulletin specifies installing a new oxygen mask, replace the oxygen 
mask with one that was not manufactured by B/E Aerospace between 
January 1, 2002, and March 1, 2006, or with a modified oxygen mask 
having an improved flow indicator. The related investigative and 
corrective actions must be done before further flight.

    Note 1: The Boeing service bulletin refers to B/E Aerospace 
Service Bulletin 174080-35-01, dated February 6, 2006; and Revision 
1, dated May 1, 2006; as additional sources of service information 
for modifying the oxygen mask assembly by replacing the flow 
indicator with an improved flow indicator.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time

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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 
appropriate principal inspector (PI) in the FAA Flight Standards 
District Office (FSDO), or lacking a PI, your local FSDO.

Material Incorporated by Reference

    (h) You must use Boeing Special Attention Service Bulletin 767-
35-0054, dated July 6, 2006, 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, P.O. Box 3707, Seattle, Washington 
98124-2207.
    (3) You may review copies of the service information 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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 8, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-14189 Filed 7-1-08; 8:45 am]
BILLING CODE 4910-13-P