[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Rules and Regulations]
[Pages 47180-47182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18623]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0044; Directorate Identifier 2009-NM-084-AD;
Amendment 39-16381; AD 2010-16-04]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 767-200, -300,
and -300F Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 767-200, -300, and -300F series airplanes. This AD requires
inspecting to verify the part number of the low-pressure flex-hoses of
the flightcrew and supernumerary oxygen system installed under the
oxygen mask stowage box at flightcrew and supernumerary oxygen mask
locations, 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 flightcrew oxygen system that burned through
due to inadvertent electrical current from a short circuit in an
adjacent audio select panel. We are issuing this AD to prevent
inadvertent electrical current, which can cause the low-pressure flex-
hoses used in the flightcrew and supernumerary oxygen systems to melt
or burn, resulting in 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 a certain publication 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, 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 767-200, -300, and -300F series airplanes. That NPRM was
published in the Federal Register on January 22, 2010 (75 FR 3656).
That NPRM proposed to require inspecting to verify the part number of
the low-pressure flex-hoses of the flightcrew and supernumerary oxygen
system installed under the oxygen mask stowage box at flightcrew and
supernumerary oxygen mask locations, 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 for the NPRM
Boeing concurs with the contents of the NPRM. United Airlines and
the Air Line Pilots Association, International, (ALPA) both support the
intent of the NPRM.
Request To Take Into Account a Non-Procurable Part
United Airlines states that paragraph (g)(1) of the NPRM refers to
the Accomplishment Instructions in Boeing Service Bulletin 767-35A0034,
Revision 1, dated June 22, 2000, which specifies the use of tape having
part number 232T8002-26. United Airlines states that this tape is no
longer available. United Airlines states that Boeing has advised them
to procure tape having part number 5841007529 instead. United Airlines
states that because compliance is mandated in accordance with Boeing
Service Bulletin 767-35A0034, this will require all operators to
request an alternative method of compliance (AMOC) to use the alternate
part numbered tape. United Airlines points out that it has formally
asked Boeing to use the term ``or equivalent'' in their service
bulletins when specifying part numbers for such items as tapes, marking
pens, and solvents, but Boeing has responded that the FAA expressly
forbids them to do so. United Airlines states that this is an on-going
problem that leads to nuisance AMOC requests that can be avoided.
From these statements, we infer that United Airlines requests that
we revise the NPRM to either specify another tape or add the term ``or
equivalent,'' so that operators will not have to request AMOCs. We
disagree with adding the term ``or equivalent'' to the AD. We have
consulted with Boeing regarding this issue. Boeing has stated that tape
having part number 232T8002-26 is a valid part number. Boeing states
that when the customer receives a part number, the tape only shows the
material code. The omission of the part number is being resolved by
Boeing. Also, paragraphs 2.C.2.(d) and 2.C.2.(e) of Boeing Service
Bulletin 767-35A0034, Revision 1, dated June 22, 2000, describe the
tape that is required and can be purchased from Boeing with just a
reference to the name of the tape, ``3/4 wide Permacel P29.'' No change
has been made to the AD in this regard.
Request for Clarification Regarding Use of Tape or Sleeving
United Airlines states that there is a disparity between the
Accomplishment Instructions of Boeing Service Bulletins 737-35A1053,
747-35A2101, and 757-35A0015, and Boeing Service Bulletin 767-35A0034,
Revision 1, dated June 22, 2000, referenced in the NPRM. United
Airlines states that Model 747 and 767 airplanes are required to wrap
the new hose assemblies with tape or sleeving, but it is not required
on Model 737 or 757 airplanes. United Airlines states that the function
of this tape or sleeving is to satisfy National Transportation Safety
Board (NTSB) Safety Recommendation A-09-47, dated July 8, 2009. United
Airlines points out that application of this safety recommendation does
not appear to be consistent.
From these statements, we infer that United Airlines requests
clarification regarding use of tape or sleeving. We
[[Page 47181]]
agree that clarification is necessary regarding the use of tape or
sleeving on oxygen system tubing. Tape or sleeving is not required on
Model 737 or 757 fleets due to acceptable clearance between the oxygen
system tubing and electrical wiring. The chafing present in the Model
747 and 767 fleets is not present in the Model 737 or 757 fleet. No
change has been made to the AD in this regard.
Request To Revise Costs of Compliance
United Airlines states that it disagrees with the Costs of
Compliance section of the NPRM, as it includes only the inspection
labor and not the manpower and material costs in the event the hoses
must be replaced.
From this statement, we infer that United Airlines is requesting
that we revise the Costs of Compliance section of the NPRM to include
additional work hours and the cost of replacement parts. We disagree
with changing the costs of compliance. The economic analysis of an AD
is limited to the cost of actions that are actually required. The
economic analysis does not consider the costs of conditional actions,
such as replacing a flex-hose detected during a required inspection
(``replace, if necessary''). Such conditional repairs would be
required--regardless of AD direction--to correct an unsafe condition
identified in an airplane and to ensure that the airplane is operated
in an airworthy condition, as required by the Federal Aviation
Regulations. The cost information describes only the direct costs of
the specific actions required by this AD. Based on the best data
available, the manufacturer provided the number of work-hours necessary
to do the required actions. This number represents the time necessary
to perform only the actions actually required by this AD. We recognize
that, in doing the actions required by an AD, operators might incur
incidental costs in addition to the direct costs. The cost analysis in
AD rulemaking actions, however, typically does not include incidental
costs such as the time required to gain access and close up. Those
incidental costs, which might vary significantly among operators, are
almost impossible to calculate. No change has been made to the AD in
this regard.
Request To Shorten Compliance Time
ALPA requests that the 36-month compliance time specified in the
NPRM be shortened given the potential consequence of an oxygen-fed fire
in the vicinity of the flightcrew station.
We do not agree. In developing the compliance time, we considered
the safety implications, parts availability, and normal maintenance
schedules for timely accomplishment of the inspection. 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. Operators are
always permitted to accomplish the requirements of an AD at a time
earlier than the specified compliance time; therefore, an operator may
choose to do the inspection before 36 months in order to accomplish the
requirements of this AD. If additional data are presented that would
justify a shorter compliance time, we may consider further rulemaking
on this issue. We have not changed the AD in this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
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 297 airplanes of U.S.
registry. We also estimate that it will take 2 work-hours 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 $50,490, or $170 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
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:
2010-16-04 The Boeing Company: Amendment 39-16381. Docket No. FAA-
2010-0044; Directorate Identifier 2009-NM-084-AD.
Effective Date
(a) This airworthiness directive (AD) is effective September 9,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to The Boeing Company Model 767-200, -300,
and -300F
[[Page 47182]]
series airplanes, certificated in any category; line numbers 1
through 763 inclusive, except line number 758, which was
accomplished in production.
Subject
(d) Air Transport Association (ATA) of America Code 35: Oxygen.
Unsafe Condition
(e) This AD results from a report of a low-pressure flex-hose of
the flightcrew oxygen system that burned through due to inadvertent
electrical current from a short circuit in an adjacent audio select
panel. We are issuing this AD to prevent inadvertent electrical
current, which can cause the low-pressure flex-hoses used in the
flightcrew and supernumerary oxygen systems 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
(g) Within 36 months after the effective date of this AD, do an
inspection to determine whether any low-pressure flex-hose of the
flightcrew and supernumerary oxygen systems installed under the
oxygen mask stowage location has a part number identified in Table 1
of this AD. 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 flightcrew and supernumerary oxygen systems can be
conclusively determined from that review.
(1) For any hose having a part number identified in Table 1 of
this AD, before further flight, replace the hose with a new or
serviceable part, in accordance with the Accomplishment Instructions
of Boeing Service Bulletin 767-35A0034, Revision 1, dated June 22,
2000.
(2) For any hose not having a part number identified in Table 1
of this AD, no further action is required by this paragraph.
Table 1--Applicable Part Numbers
----------------------------------------------------------------------------------------------------------------
Equivalent Boeing supplier part Nos.
-----------------------------------------------------------------------------
Boeing specification part No. Puritan
Sierra Engineering Spencer Fluid Bennett Hydraflow
----------------------------------------------------------------------------------------------------------------
60B50059-70....................... 835-01-70............ 9513-20S5-18.0....... ZH784-20 38001-70
60B50059-81....................... Not applicable....... Not applicable....... Not applicable 38001-81
60B50059-94....................... Not applicable....... Not applicable....... Not applicable 38001-94
60B50059-101...................... Not applicable....... Not applicable....... Not applicable 38001-101
60B50059-130...................... Not applicable....... Not applicable....... Not applicable 38001-130
----------------------------------------------------------------------------------------------------------------
Parts Installation
(h) As of the effective date of this AD, no person may install a
flightcrew or supernumerary oxygen hose with a part number
identified in Table 1 of this AD on any airplane.
Actions Accomplished According to Previous Issue of Service Bulletin
(i) Actions accomplished before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 767-35A0034, dated
September 2, 1999, 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 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 767-35A0034, Revision
1, dated June 22, 2000, 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. 2010-18623 Filed 8-4-10; 8:45 am]
BILLING CODE 4910-13-P