[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Proposed Rules]
[Pages 75528-75531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26592]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1479; Project Identifier AD-2022-00703-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 all The Boeing Company Model 737-100, 737-200, 737-200C, 737-300, 
737-400, 737-500, 737-600, 737-700, 737-700C, 737-800, 737-900, 737-
900ER, 757-200, 757-200PF, 757-200CB, 757-300, 767-200, 767-300, 767-
300F, and 767-400ER series airplanes. This proposed AD was prompted by 
reports indicating premature aging of certain passenger chemical oxygen 
generators. This proposed AD would require repetitively replacing 
affected chemical oxygen generators with serviceable parts. This 
proposed AD would also limit the installation of affected parts. 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 January 23, 
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR

[[Page 75529]]

11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1479; 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: Nicole S. Tsang, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-
3959; 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-2022-1479; Project Identifier 
AD-2022-00703-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 
this 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 
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 
Nicole S. Tsang, Aerospace Engineer, Cabin Safety and Environmental 
Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone: 206-231-3959; email: [email protected]. 
Any commentary that the FAA receives that is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    The FAA has been notified by the European Union Aviation Safety 
Agency (EASA), which is the Technical Agent for the Member States of 
the European Union, of an issue with the B/E Aerospace 117042-XX series 
chemical oxygen generators installed on certain Airbus airplanes. The 
units may fail to deliver oxygen to passengers during an emergency on 
the airplane. To address this issue on certain Airbus airplanes, EASA 
issued AD 2015-0117, dated June 24, 2015, corrected August 7, 2015, and 
AD 2019-0140, dated June 12, 2019. The FAA issued corresponding AD 
2016-16-02, Amendment 39-18600 (81 FR 53255, August 12, 2016), and AD 
2020-04-18, Amendment 39-19855 (85 FR 14409, March 12, 2020), 
respectively, which require the replacement of units older than 10 
years and impose a 10-year life limit on all 117042-XX series 
generators.
    The FAA released Special Airworthiness Information Bulletin NM-17-
17, dated June 19, 2017, which indicated that the FAA and B/E Aerospace 
Systems planned to conduct further investigation of chemical oxygen 
generators in the 117080 series that are 10 to 15 years old since date 
of manufacture, to determine if these generators have an issue similar 
to the 117042 series generators.
    The reduction of useful life was changed for 117080-02, 117080-03, 
and 117080-04 series chemical oxygen generators from 15 years to 10 
years. Collins Aerospace has Parts Manufacturer Approval (PMA) for 
117080-02, 117080-03, and 117080-04 series chemical oxygen generators 
on all Boeing Model 737-100, 737-200, 737-200C, 737-300, 737-400, 737-
500, 737-600, 737-700, 737-700C, 737-800, 737-900, 757-200, 757-200PF, 
757-200CB, 757-300, 767-200, 767-300, 767-300F, and 767-400ER series 
airplanes. However, the applicability of this proposed AD also includes 
Boeing Model 737-900ER series airplanes. The FAA determined that Boeing 
Model 737-900ER series airplanes are affected because there is concern 
that operators might mistake the 737-900ER as a sub-model of the 737-
900, and the 117080-0X series of chemical oxygen generators might be 
installed on Boeing Model 737-900ER series airplanes.
    Collins Aerospace has observed that mis-actuations are possible 10 
years after the manufacturing date and increase in likelihood as the 
15-year life is approached. The mis-actuations are associated with the 
tin-based chemistry used to manufacture the generators and specifically 
appear to be caused by oxidation of tin fuel added to the chemical 
core. Collins Aerospace's investigation and analysis concluded that the 
chemical core oxidizes in a manner similar to the 117042-XX series 
chemical oxygen generators. This condition, if not addressed, could 
lead to failure of the generator to activate and consequently not 
deliver oxygen during an emergency, possibly resulting in injury to 
airplane occupants.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design. 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 AD 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.

Related Service Information

    Collins Aerospace Service Information Letter (SIL) 117080-SIL-002, 
dated May 4, 2022, specifies procedures for replacing affected chemical 
oxygen generators.

[[Page 75530]]

Proposed AD Requirements in This NPRM

    This proposed AD would require inspecting the date of manufacture 
of chemical oxygen generators having part numbers 117080-02, 117080-03, 
and 117080-04, and replacing affected generators with serviceable 
units. This proposed AD would also limit the installation of passenger 
chemical oxygen generators to serviceable units.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 3,419 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                                  Cost on U.S.
          Action                Labor cost           Parts cost           Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Inspection................  4 work-hours x     $0....................  $340..................  $1,162,460.
                             $85 per hour =
                             $340.
Replacement...............  0.50 work-hour x   Up to $445............  Up to $488 per          $1,668,472 per
                             $85 per hour =                             replacement cycle.      replacement
                             $43 per                                                            cycle.
                             replacement
                             cycle.
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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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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, 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-2022-1479; Project Identifier AD-
2022-00703-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 23, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-100, 737-
200, 737-200C, 737-300, 737-400, 737-500, 737-600, 737-700, 737-
700C, 737-800, 737-900, 737-900ER, 757-200, 757-200PF, 757-200CB, 
757-300, 767-200, 767-300, 767-300F, and 767-400ER series airplanes, 
certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of premature aging of certain 
chemical oxygen generators. The FAA is issuing this AD to address 
this premature aging that resulted in the generators failing to 
activate, which could fail to deliver oxygen during an emergency, 
possibly resulting in injury to the airplane occupants.

(f) Compliance

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

(g) Oxygen Generator Part Number Inspection

    Within 30 days after the effective date of this AD: Inspect 
passenger chemical oxygen generators having part numbers 117080-02, 
117080-03, and 117080-04 to determine their date of manufacture. A 
review of airplane maintenance records is acceptable for the 
inspection, provided the date of manufacture can be conclusively 
determined by that review.

(h) Definition

    For purposes of this AD, a serviceable unit is a passenger 
chemical oxygen generator that meets the condition specified in 
either paragraph (h)(1) or (2) of this AD.
    (1) Part numbers 117080-02, 117080-03, and 117080-04, with a 
manufacturing date not older than 10 years.
    (2) Approved part numbers other than 117080-02, 117080-03, and 
117080-04, provided the generator has not exceeded the life limit 
established for that generator by the manufacturer.

(i) Oxygen Generator Replacement

    For any passenger chemical oxygen generators having part numbers 
117080-02, 117080-03, and 117080-04: At the applicable time 
specified in paragraph (i)(1) through (3) of this AD, replace the 
chemical oxygen generator with a serviceable unit, as defined in 
this AD. Thereafter, replace chemical oxygen generators having part 
numbers 117080-02, 117080-03, and 117080-04 before exceeding 10 
years since date of manufacture.
    Note 1 to paragraph (i): Additional guidance for replacing the 
affected passenger chemical oxygen generators can be found in 
Collins Aerospace Service Information Letter 117080-SIL-002, dated 
May 4, 2022, and approved maintenance procedures.
    (1) For passenger chemical oxygen generators that have a date of 
manufacture in 2008 or earlier: Replace within 6 months after the 
effective date of this AD or 15 years since the date of manufacture, 
whichever occurs earlier.
    (2) For passenger chemical oxygen generators that have a date of 
manufacture in

[[Page 75531]]

2009 or 2010: Replace within 12 months after the effective date of 
this AD.
    (3) For passenger chemical oxygen generators that have a date of 
manufacture in 2011, 2012, or 2013: Replace within 24 months after 
the effective date of this AD.

(j) Parts Installation Limitation

    As of the effective date of this AD, no person may install a 
passenger chemical oxygen generator, unless the oxygen generator is 
a serviceable unit, as defined in this AD.

(k) 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 responsible Flight Standards 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 (l)(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 responsible Flight Standards 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 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.

(l) Related Information

    (1) For more information about this AD, contact Nicole S. Tsang, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone: 206-231-3959; email: [email protected].
    (2) For Collins Aerospace service information identified in this 
AD that is not incorporated by reference, contact Collins Aerospace, 
15701 West 95th Street, Lenexa, KS 66219; email 
[email protected]; website tpi.beaerospace.com/Authentication. 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.

(m) Material Incorporated by Reference

    None.

    Issued on November 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26592 Filed 12-8-22; 8:45 am]
BILLING CODE 4910-13-P