[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Rules and Regulations]
[Pages 60759-60761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25394]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0489; Product Identifier 2018-NM-001-AD; Amendment 
39-19500; AD 2018-23-13]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 747-8 and 747-8F series airplanes. This AD was 
prompted by a report that flightcrew oxygen masks did not function as 
designed during flight testing. This AD requires an inspection to 
determine if certain oxygen masks/regulators are installed, and 
replacement if necessary. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 2, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 2, 
2019.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0489.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0489; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is 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 Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3570; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model 747-8 and 747-8F series airplanes. The NPRM published in the 
Federal Register on May 30, 2018 (83 FR 24688). The NPRM was prompted 
by a report that flightcrew oxygen masks did not function as designed 
during flight testing. The NPRM proposed to require an inspection to 
determine whether certain oxygen masks/regulators and stowage boxes are 
installed and replacement if necessary.
    We are issuing this AD to address flightcrew oxygen masks/
regulators that do not deploy correctly, which could result in a delay 
for the flightcrew to put on the masks, which may lead to hypoxia and 
loss of useful consciousness, potentially resulting in loss of control 
of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Request To Include Training for Proper Mask-Packing

    Zodiac Aerospace recommended that we revise paragraphs (g) and (h) 
to include training for proper mask-packing as an alternative to 
replacement. The commenter stated that if operators have followed 
proper packing procedures, no equipment change should be required.
    Although we acknowledge Zodiac's recommendation, we note that the 
supplier had previously provided mask-packing training to Boeing, and 
that trained, certified mask packers had packed the masks that failed. 
We have determined that mandating a design change is necessary to 
effectively mitigate the unsafe condition. We have not changed this AD 
in this regard.

Request To Revise Proposed Parts Installation Limitation

    Boeing requested that we revise paragraph (i) of the proposed AD to 
provide that subsequent changes or modifications may be handled by 
normal operator procedures without requiring approval of an alternative 
method of compliance (AMOC) as long as oxygen mask/regulator part 
number (P/N) MLD20-626-l is not reintroduced as part of the subsequent 
change. Boeing considered paragraph (i)(3) of the proposed AD to be too 
restrictive because operators would be burdened with requests for AMOCs 
for each subsequent change or modification.
    We partially agree with the commenter. We agree that options are 
warranted for operators because the proposed AD was highly restrictive, 
given the limited nature of the unsafe condition. Therefore, we have 
revised paragraph (g) of this AD to provide alternative actions to 
correct the unsafe condition, thereby reducing the need for AMOC 
requests. We also removed the requirement to inspect for the oxygen 
mask stowage box because that inspection is no longer needed based on 
these alternative actions.
    However, we disagree with revising or deleting paragraph (i)(3) of 
this AD because the requirement refers to the dependent relationship 
between the new mask/regulator part number and the new oxygen mask 
stowage box part number required by the service information. The 
installation of oxygen mask/regulator P/N MLD20-726-1 with

[[Page 60760]]

any oxygen mask stowage box part number other than P/N MXP806-7 will 
require FAA approval in accordance with the procedures specified in 
paragraph (j) of this AD.

Request To Revise the Proposed Applicability To Include a Similar Part

    The commenter, DLH/LHT (Deutsche Lufthansa/Lufthansa-Technik), 
requested that we revise the proposed applicability to include P/N 
MLC20-626-1 as another affected oxygen mask/regulator in the proposed 
AD. The commenter stated that P/N MLC20-626-1 is identical to P/N 
MLD20-626-1, except for the goggles, and that this is why the oxygen 
mask/regulator shows both of these part numbers on the identification 
label. The commenter reasoned that an operator tracking the mask under 
the affected part number only would not be subject to the proposed AD.
    We do not agree with the request. We are evaluating the associated 
risks of P/N MLC20-626-1 in relation to the unsafe condition identified 
in this AD; however, it is not in the interest of public safety to 
delay this action further. We might consider additional rulemaking to 
address our findings. We have not changed this 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 
this final rule with the changes described previously and minor 
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 747-35-2133, 
Revision 1, dated November 1, 2017. This service information describes 
procedures for replacing certain oxygen masks/regulators and stowage 
boxes. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 18 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                          Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                        Labor cost           Parts cost              Cost per product                  Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection..........................  1 work-hour x $85 per                 $0  $85................................  $1,530.
                                       hour = $85.
Replacement.........................  Up to 6 work-hours x $85          68,256  Up to $68,766......................  Up to $1,237,788.
                                       per hour = $510.
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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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness 
directive (AD):

2018-23-13 The Boeing Company: Amendment 39-19500; Docket No. FAA-
2018-0489; Product Identifier 2018-NM-001-AD.

(a) Effective Date

    This AD is effective January 2, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 747-8 and 747-8F 
series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

[[Page 60761]]

(e) Unsafe Condition

    This AD was prompted by a report that flightcrew oxygen masks 
did not function as designed during flight testing. We are issuing 
this AD to address flightcrew oxygen masks/regulators that do not 
deploy correctly, which could result in a delay for the flightcrew 
to put on the masks, which may lead to hypoxia and loss of useful 
consciousness, potentially resulting in loss of control of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    For airplanes with an original certificate of airworthiness, or 
an original export certificate of airworthiness, issued on or before 
the effective date of this AD: Within 72 months after the effective 
date of this AD, inspect for oxygen mask/regulator part number (P/N) 
MLD20-626-1. A review of airplane maintenance records is acceptable 
in lieu of the part number inspection if the part number of the 
oxygen mask/regulator can be conclusively determined from that 
review. If any oxygen mask/regulator P/N MLD20-626-1 is found, 
within 72 months after the effective date of this AD, do the actions 
identified in paragraph (g)(1), (g)(2), or (g)(3) of this AD.
    (1) Do all applicable actions identified as ``RC'' (required for 
compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 747-35-
2133, Revision 1, dated November 1, 2017, except as provided by 
paragraph (h) of this AD.
    (2) Except as specified in paragraph (i)(3) of this AD: Remove 
oxygen mask/regulator P/N MLD20-626-1 and install any new or 
serviceable oxygen mask/regulator that is not P/N MLD20-626-1 and 
that is FAA approved for installation on the airplane.

    Note 1 to paragraphs (g)(2) and (g)(3) of this AD: Guidance for 
the installation procedures can be found in Boeing Model 747 
Aircraft Maintenance Manual (AMM) 35-11-18.

    (3) Except as specified in paragraph (i)(3) of this AD: Remove 
the oxygen mask/regulator P/N MLD20-626-1 and the installed oxygen 
mask stowage box combination, and install any new or serviceable 
oxygen mask/regulator and stowage box combination that does not 
include oxygen mask/regulator P/N MLD20-626-1, and that is FAA 
approved for installation on the airplane.

(h) Exceptions to Service Information Specifications

    Where Boeing Special Attention Service Bulletin 747-35-2133, 
Revision 1, dated November 1, 2017, refers to or specifies 
installing a new (or changed) part, for this AD, a new or 
serviceable (or changed) part is acceptable.

(i) Parts Installation Limitations

    (1) For airplanes with an original certificate of airworthiness, 
or an original export certificate of airworthiness, issued on or 
before the effective date of this AD: As of the effective date of 
this AD, no person may install an oxygen mask/regulator P/N MLD20-
626-1 on any airplane, except that prior to 72 months after the 
effective date of this AD, installation of P/N MLD20-626-1 is 
acceptable for unscheduled maintenance as a replacement only for 
another P/N MLD20-626-1, and only into a stowage box having P/N 
MXP806-1. If an oxygen mask/regulator having a part number other 
than P/N MLD20-626-1 is installed, it may not be replaced with P/N 
MLD20-626-1. For the purposes of this AD, unscheduled maintenance is 
defined as maintenance that was not planned for or scheduled in 
advance, such as changing a defective or unserviceable oxygen mask 
at dispatch.
    (2) For airplanes with an original certificate of airworthiness 
or an original export certificate of airworthiness issued after the 
effective date of this AD: As of the effective date of this AD, no 
person may install oxygen mask/regulator P/N MLD20-626-1 on any 
airplane.
    (3) For all airplanes: As of the effective date of this AD, no 
person may install oxygen mask/regulator P/N MLD20-726-1 in 
combination with any stowage box part number that is not P/N MXP806-
7 on any airplane.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the certification office, send it to the attention of the 
person identified in paragraph (k)(1) of this AD. Information may be 
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration 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 Branch, FAA, to make those findings. To be 
approved, the repair method, modification deviation, or alteration 
deviation must meet the certification basis of the airplane, and the 
approval must specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as RC, the 
provisions of paragraphs (j)(4)(i) and (j)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(k) Related Information

    (1) For more information about this AD, contact Susan L. Monroe, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3570; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 747-35-2133, 
Revision 1, dated November 1, 2017.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 8, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-25394 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-13-P