[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Rules and Regulations]
[Pages 449-451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28464]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0983; Product Identifier 2019-NM-171-AD; Amendment 
39-21010; AD 2019-25-12]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2016-18-
02, which applied to certain The Boeing Company Model 777-200 and -
300ER series airplanes. AD 2016-18-02 required replacing the low-
pressure oxygen flex hoses with new non-conductive low-pressure oxygen 
flex hoses in the gaseous passenger oxygen system in airplanes equipped 
with therapeutic oxygen. This AD retains those actions and adds actions 
for certain airplanes. AD 2016-18-02 was prompted by the determination 
that the low-pressure oxygen flex hoses in the gaseous passenger oxygen 
system can potentially be conductive. This AD was further prompted by 
the determination that the associated service information is inadequate 
for certain airplanes. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 21, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 21, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
September 15, 2016 (81 FR 59834, August 31, 2016).
    The FAA must receive any comments on this AD by February 20, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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 https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0983.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0983; 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 street address for Docket Operations is listed 
above. Comments will be available in the AD docket shortly after 
receipt.

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

    The FAA issued AD 2016-18-02, Amendment 39-18632 (81 FR 59834, 
August 31, 2016) (``AD 2016-18-02''), for certain The Boeing Company 
Model 777-200 and -300ER series airplanes. AD 2016-18-02 required 
replacing the low-pressure oxygen flex hoses with new non-conductive 
low-pressure oxygen flex hoses in the gaseous passenger oxygen system 
in airplanes equipped with therapeutic oxygen. AD 2016-18-02 resulted 
from a determination that the low-pressure oxygen flex hoses in the 
gaseous passenger oxygen system can potentially be conductive. The FAA 
issued AD 2016-18-02 to address the potential for electrical current to 
pass through the low-pressure oxygen flex hoses in the gaseous 
passenger oxygen system, which can cause the flex hoses to melt or burn 
and result in an oxygen-fed fire in the passenger cabin.

Actions Since AD 2016-18-02 Was Issued

    Since AD 2016-18-02 was issued, the FAA has been advised that the 
required service information omitted certain instructions for Group 4 
airplanes.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 777-35-
0041, Revision 1, dated August 14, 2019. This service information 
describes procedures for replacing the low-pressure oxygen flex hoses 
with new non-conductive low-pressure oxygen flex hoses in the gaseous 
passenger oxygen system in airplanes equipped with therapeutic oxygen. 
This service information adds instructions (i.e., Figures 6 and 10) 
that had previously been omitted for certain airplanes (i.e., Group 4).
    This AD requires Boeing Special Attention Service Bulletin 777-35-
0041, dated April 8, 2016, which the Director of the Federal Register 
approved for incorporation by reference as of September 15, 2016 (81 FR 
59834, August 31, 2016).
    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.

FAA's Determination

    The FAA is issuing this AD because the agency evaluated all the 
relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design.

AD Requirements

    Although this AD does not explicitly restate the requirements of AD 
2016-18-02, this AD retains the requirements of AD 2016-18-02. Those 
requirements are referenced in the service information identified 
previously, which, in turn, is referenced in paragraph (g) of this AD. 
For certain airplanes, this AD adds actions that were omitted from the 
previous service information. This AD requires accomplishment of the 
actions

[[Page 450]]

identified as ``RC'' (required for compliance) in the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 777-35-0041, 
Revision 1, dated August 14, 2019, described previously. For 
information on the procedures and compliance times, see this service 
information at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0983.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products. 
Therefore, the FAA finds that notice and opportunity for prior public 
comment are unnecessary and that good cause exists for making this 
amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, the FAA invites you to send any written data, views, 
or arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number FAA-2019-
0983 and Product Identifier 2019-NM-171-AD at the beginning of your 
comments. The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this final 
rule. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this final rule.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the following are the cost estimates to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
             Action                    Labor cost               Parts cost                 Cost per product
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Replacement (actions retained     Up to 33 work-hours  Up to $15,173...............  Up to $17,978.
 from AD 2016-18-02).              x $85 per hour =
                                   Up to $2,805.
New actions for Group 4,          6 work-hours x $85   $0..........................  $510.
 Configuration 2 airplanes.        per hour = $510.
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    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. The FAA does not control warranty coverage for affected 
individuals. As a result, the FAA has included all costs in the cost 
estimate.

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.
    The FAA is 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

    The FAA has determined that 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) Will not affect intrastate aviation in Alaska, 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.

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 removing Airworthiness Directive (AD) 
2016-18-02, Amendment 39-18632 (81 FR 59834, August 31, 2016), and 
adding the following new AD:

2019-25-12 The Boeing Company: Amendment 39-21010; Docket No. FAA-
2019-0983; Product Identifier 2019-NM-171-AD.

(a) Effective Date

    This AD is effective January 21, 2020.

(b) Affected ADs

    This AD replaces AD 2016-18-02, Amendment 39-18632 (81 FR 59834, 
August 31, 2016) (``AD 2016-18-02'').

(c) Applicability

    This AD applies to The Boeing Company Model 777-200 and -300ER 
series airplanes, certificated in any category, as identified in 
Boeing Special Attention Service Bulletin 777-35-0041, Revision 1, 
dated August 14, 2019.

(d) Subject

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

[[Page 451]]

(e) Unsafe Condition

    This AD was prompted by the determination that the low-pressure 
oxygen flex hoses in the gaseous passenger oxygen system can 
potentially be conductive. The FAA is issuing this AD to address the 
potential for electrical current to pass through the low-pressure 
oxygen flex hoses in the gaseous passenger oxygen system, which can 
cause the flex hoses to melt or burn and result in an oxygen-fed 
fire in the passenger cabin.

(f) Compliance

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

(g) Replacement Actions

    Within 72 months after September 15, 2016 (the effective date of 
AD 2016-18-02): Do all applicable actions identified as ``RC'' 
(required for compliance) in, and in accordance with, paragraph 
(g)(1) or (2) of this AD, as applicable.
    (1) Except as required by paragraph (g)(2) of this AD: Do the 
actions in accordance with the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 777-35-0041, dated April 8, 2016; 
or Revision 1, dated August 14, 2019.
    (2) For airplanes identified as Group 4 in Boeing Special 
Attention Service Bulletin 777-35-0041, Revision 1, dated August 14, 
2019: Do the actions in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 777-35-
0041, Revision 1, dated August 14, 2019.

(h) Parts Installation Prohibition

    As of September 15, 2016 (the effective date of AD 2016-18-02), 
no person may install on any airplane a low-pressure oxygen flex 
hose having a part number that is specified to be removed from an 
airplane in the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 777-35-0041, Revision 1, dated August 14, 
2019.

(i) 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 ACO, send it to the attention of the person 
identified in paragraph (j) 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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Seattle 
ACO, 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) AMOCs approved previously for AD 2016-18-02 are approved as 
AMOCs for the corresponding provisions of paragraph (g) of this AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(i)(5)(i) and (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.

(j) Related Information

    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].

(k) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
January 21, 2020.
    (i) Boeing Special Attention Service Bulletin 777-35-0041, 
Revision 1, dated August 14, 2019.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
September 15, 2016 (81 FR 59834, August 31, 2016).
    (i) Boeing Special Attention Service Bulletin 777-35-0041, dated 
April 8, 2016.
    (ii) [Reserved]
    (5) 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.
    (6) 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.
    (7) 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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on December 12, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-28464 Filed 1-3-20; 8:45 am]
BILLING CODE 4910-13-P