[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Rules and Regulations]
[Pages 56659-56662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15229]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / 
Rules and Regulations  

[[Page 56659]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1697; Project Identifier AD-2024-00252-T; 
Amendment 39-22776; AD 2024-13-02]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 737-8, 737-9, and 737-8200 airplanes and Model 
737-700, -800, and -900ER series airplanes. This AD was prompted by 
multiple reports of passenger service unit (PSU) oxygen generators 
shifting out of position within their associated PSU assemblies because 
of a retention failure. This AD requires a general visual inspection of 
the PSU oxygen generator installation to determine the configuration of 
the thermal pads of the retention straps and applicable on-condition 
actions. This AD also prohibits the installation of affected parts. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective July 25, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 25, 
2024.
    The FAA must receive comments on this AD by August 26, 2024.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1697; 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, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For Boeing material, 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; website 
myboeingfleet.com.
     You may view this material 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. It is also available at regulations.gov under 
Docket No. FAA-2024-1697.

FOR FURTHER INFORMATION CONTACT: Nicole Tsang, Aviation Safety 
Engineer, FAA, 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 data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include Docket No. FAA-2024-1697 and Project Identifier AD-
2024-00252-T at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Nicole 
Tsang, Aviation Safety Engineer, FAA, 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 received multiple reports of PSU oxygen generators 
shifting out of position within their associated PSU assemblies because 
of a retention failure. Boeing has investigated the condition and found 
that the oxygen generator retention failures were caused by a failure 
of the pressure-sensitive adhesive (PSA) material on certain generator 
strap thermal pads. The oxygen generator is secured to the PSU assembly 
by two retention straps, with either PSA or non-PSA thermal pads. For 
all reported failures, the PSA thermal pad configurations were under 
the retention straps. This condition, if not addressed, could result in 
shifted PSU oxygen generators that might become non-functional, which 
could result in an

[[Page 56660]]

inability to provide supplemental oxygen to passengers during a 
depressurization event. The FAA is issuing this AD to address the 
unsafe condition on these products.

FAA's Determination

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

Related Material Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Requirements Bulletin 
737-35-1210 RB, dated June 17, 2024; and Boeing Special Attention 
Requirements Bulletin 737-35-1211 RB, dated June 17, 2024. This 
material specifies procedures for a general visual inspection of the 
PSU oxygen generator installation to determine the configuration of the 
thermal pads of the retention straps and applicable on-condition 
actions for Group 1 and Group 2 airplanes as identified in this 
material. On-condition actions include doing a general visual 
inspection of the affected PSU oxygen generator to identify any 
installation migration and expended oxygen, as applicable; replacing 
affected PSU oxygen generators with new or serviceable PSU oxygen 
generators; replacing PSA retention strap thermal pads with non-PSA 
retention strap thermal pads; repositioning affected PSU oxygen 
generators; and making sure affected PSU oxygen generator installation 
migration is not found and oxygen has not been expended. These 
documents are distinct since they apply to different airplane models.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

AD Requirements

    This AD requires accomplishing the actions identified in Boeing 
Special Attention Requirements Bulletin 737-35-1210 RB, dated June 17, 
2024; or Boeing Special Attention Requirements Bulletin 737-35-1211 RB, 
dated June 17, 2024, already described, except for any differences 
identified as exceptions in the regulatory text of this AD. This AD 
also prohibits the installation of affected parts for all airplanes 
identified in paragraph (c) of this AD.
    For information on the procedures and compliance times, see this 
material at regulations.gov under Docket No. FAA-2024-1697.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because PSU oxygen generators might shift out of position within the 
PSU assembly because of a retention failure and become non-functional, 
which could result in an inability to provide supplemental oxygen to 
passengers during a depressurization event. Accordingly, notice and 
opportunity for prior public comment are impracticable and contrary to 
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    The compliance time in this AD is shorter than the time necessary 
for the public to comment and for publication of the final rule. In 
addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 
553(d) for making this amendment effective in less than 30 days, for 
the same reasons the FAA found good cause to forgo notice and comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 2,612 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                 Action                          Labor cost           Parts cost      product       operators
----------------------------------------------------------------------------------------------------------------
Inspection to determine thermal pad      1 work-hour x $85 per hour           $0           $85         $222,020
 configuration of the PSU oxygen          = $85.
 generator.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the 
inspection. The FAA has no way of determining the number of aircraft 
that might need these on-condition actions.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                      Labor cost               Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Inspection to identify any          1 work-hour x $85 per  $0........................  $85
 expended oxygen and installation    hour = $85.
 migration, as applicable.
Replacement of PSU oxygen           1 work-hour x $85 per  Up to $1,374..............  Up to $1,459.
 generator.                          hour = $85.
Replacement of PSA retention strap  1 work-hour x $85 per  $68, per pad..............  $153, per pad.
 thermal pad (each PSU oxygen        hour = $85, per pad.
 generator has 2 pads).
Repositioning of PSU oxygen         1 work-hour x $85 per  $0........................  $85
 generator.                          hour = $85.

[[Page 56661]]

 
Making sure PSU oxygen generator    1 work-hour x $85 per  $0........................  $85
 installation migration is not       hour = $85.
 found and oxygen is not expended.
----------------------------------------------------------------------------------------------------------------

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

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

List of Subjects in 14 CFR Part 39

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

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:

2024-13-02 The Boeing Company: Amendment 39-22776; Docket No. FAA-
2024-1697; Project Identifier AD-2024-00252-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 25, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-8, 737-9, 
and 737-8200 airplanes and Model 737-700, -800, and -900ER 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 multiple reports of passenger service 
unit (PSU) oxygen generators shifting out of position within their 
associated PSU assemblies because of a retention failure. The FAA is 
issuing this AD to address PSU oxygen generators that might shift 
out of position within the PSU assembly and become non-functional. 
The unsafe condition, if not addressed, could result in an inability 
to provide supplemental oxygen to passengers during a 
depressurization event.

(f) Compliance

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

(g) Required Actions

    (1) For Model 737-8, 737-9, and 737-8200 airplanes as identified 
in Boeing Special Attention Requirements Bulletin 737-35-1210 RB, 
dated June 17, 2024: Except as specified by paragraph (h) of this 
AD, at the applicable times specified in the ``Compliance'' 
paragraph of Boeing Special Attention Requirements Bulletin 737-35-
1210 RB, dated June 17, 2024, do all applicable actions identified 
in, and in accordance with, the Accomplishment Instructions of 
Boeing Special Attention Requirements Bulletin 737-35-1210 RB, dated 
June 17, 2024.
    Note 1 to paragraph (g)(1): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Special Attention 
Service Bulletin 737-35-1210, dated June 17, 2024, which is referred 
to in Boeing Special Attention Requirements Bulletin 737-35-1210 RB, 
dated June 17, 2024.
    (2) For Model 737-700, -800, and -900ER series airplanes as 
identified in Boeing Special Attention Requirements Bulletin 737-35-
1211 RB, dated June 17, 2024: Except as specified by paragraph (h) 
of this AD, at the applicable times specified in the ``Compliance'' 
paragraph of Boeing Special Attention Requirements Bulletin 737-35-
1211 RB, dated June 17, 2024, do all applicable actions identified 
in, and in accordance with, the Accomplishment Instructions of 
Boeing Special Attention Requirements Bulletin 737-35-1211 RB, dated 
June 17, 2024.
    Note 2 to paragraph (g)(2): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Special Attention 
Service Bulletin 737-35-1211, dated June 17, 2024, which is referred 
to in Boeing Special Attention Requirements Bulletin 737-35-1211 RB, 
dated June 17, 2024.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Special Attention Requirements 
Bulletin 737-35-1210 RB, dated June 17, 2024, refer to the original 
issue date of Requirements Bulletin 737-35-1210 RB, this AD requires 
using the effective date of this AD.
    (2) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Special Attention Requirements 
Bulletin 737-35-1211 RB, dated June 17, 2024, refer to the original 
issue date of Requirements Bulletin 737-35-1211 RB, this AD requires 
using the effective date of this AD.

(i) Parts Installation Prohibition

    As of the effective date of the AD, no person may install a 
pressure-sensitive adhesive (PSA) thermal pad, part number 53010 or 
73667, under the PSU oxygen generator retention strap, on any 
airplane.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety 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 
(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 responsible Flight Standards Office.

[[Page 56662]]

    (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, AIR-
520, Continued Operational Safety 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.

(k) Related Information

    (1) For more information about this AD, contact Nicole Tsang, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; phone: 206-231-3959; email: [email protected].
    (2) Boeing material identified in this AD that is not 
incorporated by reference is available at the address specified in 
paragraph (l)(3) 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 material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Requirements Bulletin 737-35-1210 
RB, dated June 17, 2024.
    (ii) Boeing Special Attention Requirements Bulletin 737-35-1211 
RB, dated June 17, 2024.
    (3) For Boeing material, 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; website myboeingfleet.com.
    (4) You may view this material 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.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on June 20, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-15229 Filed 7-8-24; 11:15 am]
BILLING CODE 4910-13-P