[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Proposed Rules]
[Pages 24073-24077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08584]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0462; Project Identifier MCAI-2021-00647-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain The Boeing Company Model 737-700, 737-800, 747-400, 747-8, 
767-400ER, and 777-200 airplanes. This proposed AD was prompted by a 
report that there is the potential for electrical current to pass 
through low pressure (LP) oxygen flex-hoses in the gaseous passenger 
oxygen system. This proposed AD would require replacing each conductive 
oxygen flex-hose installed on LP gaseous passenger oxygen systems with 
a serviceable non-conductive oxygen flex-hose. This proposed AD would 
also prohibit installation of a conductive oxygen flex-hose on LP 
gaseous passenger oxygen systems. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 6, 
2022.

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 NPRM, contact Lufthansa 
Technik AG, Weg beim J[auml]ger 193 22335 Hamburg, Germany; telephone 
49-40-5070-67428; internet https://www.lufthansa-technik.com. You may 
view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0462; 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 NPRM, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-0462; Project Identifier 
MCAI-2021-00647-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Chirayu Gupta, Aerospace Engineer, Mechanical Systems and 
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-
794-5531; email [email protected]. Any commentary that the FAA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2021-0135, dated June 2, 2021 (EASA AD 2021-0135) (also 
referred to after this as the Mandatory Continuing Airworthiness 
Information, or the MCAI), to correct an unsafe condition for certain 
The Boeing Company Model 737-700, 737-800, 747-400, 747-8, 767-400ER, 
and 777-200 airplanes with certain Lufthansa Technik AG supplemental 
type certificates (STCs). Those STCs are not validated by the FAA; this 
proposed AD therefore refers to the corresponding FAA STC, STC 
ST04127NY, instead in the applicability. You may examine the MCAI in 
the AD docket at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0462.
    This proposed AD was prompted by a report that there is the 
potential for electrical current to pass through LP oxygen flex-hoses 
in the gaseous passenger oxygen system. Exposure to electrical faults, 
such as unintended short circuits, can result in localized electrical 
heating of the LP oxygen flex-hoses. The FAA issued AD 2018-09-12, 
Amendment 39-19269 (83 FR 22360,

[[Page 24074]]

May 15, 2018) (AD 2018-09-12), for certain The Boeing Company Model 
747-200B, -300, and -400 series airplanes; and AD 2019-25-12, Amendment 
39-21010 (85 FR 449, dated January 6, 2020) (AD 2019-25-12), for 
certain The Boeing Company Model 777-200 and -300ER series airplanes. 
AD 2018-09-12 and AD 2019-25-12 require replacing the LP oxygen flex-
hoses with new non-conductive LP oxygen flex-hoses in the gaseous 
passenger oxygen system in airplanes equipped with therapeutic oxygen. 
The same conductive oxygen flex-hoses affected by those ADs have also 
been installed on airplanes modified by the Lufthansa Technik AG STCs 
and FAA STC that are the subject of this AD but were not part of the 
applicability of AD 2018-09-12 and AD 2019-25-12. The FAA is proposing 
this AD to address the possibility of electrical current passing 
through the LP oxygen flex-hoses in the gaseous passenger oxygen 
system, which could cause the flex-hoses to melt or burn and result in 
an oxygen-fed fire in the passenger cabin. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    Lufthansa Technik AG has issued the following service information.
     Lufthansa Technik Design Change Summary ASN-00-DCS-01, 
Revision 8, dated November 5, 2020.
     Lufthansa Technik Design Change Summary ATB-25-DCS-01, 
Revision 10, dated January 7, 2021.
     Lufthansa Technik Design Change Summary ATR-23-DCS-01, 
Revision 2, dated January 21, 2021.
     Lufthansa Technik Design Change Summary BCM-35-DCS-01, 
dated January 4, 2021.
     Lufthansa Technik Design Change Summary BCP-35-DCS-01, 
Revision 1, dated April 20, 2021.
     Lufthansa Technik Design Change Summary BCQ-35-DCS-01, 
Revision 1, dated April 20, 2021.
     Lufthansa Technik Design Change Summary BCR-35-DCS-01, 
Revision 1, dated April 20, 2021.
     Lufthansa Technik Design Change Summary BCS-35-DCS-01, 
dated January 5, 2021.
     Lufthansa Technik Design Change Summary BCU-35-DCS-01, 
dated January 5, 2021.
     Lufthansa Technik Design Change Summary BCV-35-DCS-01, 
dated February 4, 2021.
     Lufthansa Technik Design Change Summary BCW-35-DCS-01, 
dated January 4, 2021.
     Lufthansa Technik Design Change Summary BCX-35-DCS-01, 
Revision 1, dated February 4, 2021.
    This service information describes procedures for replacing each 
conductive oxygen flex-hose installed on LP gaseous passenger oxygen 
systems with a serviceable non-conductive oxygen flex-hose. These 
documents are distinct since they apply to different airplane models 
and manufacturer serial numbers.
    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

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described. This proposed AD would 
also prohibit installation of a conductive oxygen flex-hose on LP 
gaseous passenger oxygen systems.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 7 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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             Labor cost                 Parts cost          Cost per product           Cost on U.S. operators
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Up to 17 work-hours x $85 per hour          $10,090   Up to $11,535...............  Up to $80,745.
 = Up to $1,445.
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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.
    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.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator,

[[Page 24075]]

the FAA proposes to amend 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:

The Boeing Company: Docket No. FAA-2022-0462; Project Identifier 
MCAI-2021-00647-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 6, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-700, 737-800, 
747-400, 747-8, 767-400ER, and 777-200 airplanes, certificated in 
any category, manufacturer serial numbers (MSN) 28551, 28961, 29953, 
30791, 30884, 32445, 32575, 32915, 32970, 32971, 33010, 33102, 
33361, 33684, 34205, 37500, and 37544, modified by FAA supplemental 
type certificate (STC) ST04127NY.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that there is the potential for 
electrical current to pass through low pressure (LP) oxygen flex-
hoses in the gaseous passenger oxygen system. The FAA is issuing 
this AD to address this condition, which could 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

    Within 48 months after the effective date of this AD: Replace 
each conductive oxygen flex-hose installed on LP gaseous passenger 
oxygen systems with a serviceable non-conductive oxygen flex-hose, 
in accordance with the Accomplishment Instructions of the applicable 
Lufthansa Technik Design Change Summary (TS-145 Installation 
Document Number) corresponding to the affected part numbers 
specified in figure 1 to paragraph (g) of this AD.
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(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
prohibited conductive oxygen flex-hose specified in figure 1 to 
paragraph (g) of this AD, on LP gaseous passenger oxygen systems on 
any airplane.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the service information in paragraphs (i)(1) 
through (6) of this AD.
    (1) Lufthansa Technik Design Change Summary ASN-00-DCS-01, 
Revision 6, dated June 25, 2020.
    (2) Lufthansa Technik Design Change Summary ASN-00-DCS-01, 
Revision 7, dated August 26, 2020.

[[Page 24077]]

    (3) Lufthansa Technik Design Change Summary BCP-35-DCS-01, dated 
January 5, 2021.
    (4) Lufthansa Technik Design Change Summary BCQ-35-DCS-01, dated 
January 7, 2021.
    (5) Lufthansa Technik Design Change Summary BCR-35-DCS-01, dated 
January 7, 2021.
    (6) Lufthansa Technik Design Change Summary BCX-35-DCS-01, dated 
January 7, 2021.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York 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 responsible Flight Standards Office, as appropriate. If 
sending information directly to the manager of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before 
using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or the European Union 
Aviation Safety Agency (EASA); or Lufthansa Technik AG's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2021-0135, dated June 2, 2021, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2022-0462.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531; email 
[email protected].
    (3) For service information identified in this AD, contact 
Lufthansa Technik AG, Weg beim J[auml]ger 193 22335 Hamburg, 
Germany; telephone 49-40-5070-67428; internet https://www.lufthansa-technik.com. You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.

    Issued on April 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-08584 Filed 4-21-22; 8:45 am]
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