AD 2006-12-10

[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33604-33605]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 06-5209]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23250; Directorate Identifier 2005-NM-150-AD; 
Amendment 39-14635; AD 2006-12-10]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-400 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 747-400 series airplanes. This AD requires 
inspecting the support bracket of the crew oxygen cylinder installation 
to determine the manufacturing date marked on the support, and 
performing corrective action if necessary. This AD results from a 
report indicating that certain oxygen cylinder supports may not have 
been properly heat-treated. We are issuing this AD to prevent failure 
of the oxygen cylinder support under the most critical flight load 
conditions, which could cause the oxygen cylinder to come loose and 
leak oxygen. Leakage of oxygen could result in oxygen being unavailable 
for the flightcrew or could result in a fire hazard in the vicinity of 
the leakage.

DATES: This AD becomes effective July 17, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 17, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Susan Letcher, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 917-6474; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Boeing Model 
747-400 series airplanes. That NPRM was published in the Federal 
Register on December 9, 2005 (70 FR 73171). That NPRM proposed to 
require inspecting the support bracket of the crew oxygen cylinder 
installation to determine the manufacturing date marked on the support, 
and performing corrective action if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Revise Estimated Costs of Compliance

    Boeing requests that we revise the estimated Costs of Compliance 
stated in the NPRM to include the work hours needed for replacing any 
support bracket of the crew oxygen cylinder having a manufacturing date 
that is within a certain range, and for testing following such 
replacement. Boeing notes that the NPRM included the estimated cost of 
the inspection only.
    We do not agree. The economic analysis of an AD is limited to the 
cost of actions that are actually required. The economic analysis does 
not consider the costs of conditional actions, such as corrective 
actions (e.g., replacing a support having an affected manufacturing 
date with a new support). Such conditional action would be required--
regardless of AD direction--to correct an unsafe condition identified 
in an airplane and to ensure that the airplane is operated in an 
airworthy condition, as required by the Federal Aviation Regulations. 
We have not changed the AD in this regard.

Request To Refer to Replacement

    Boeing also requests that we revise the ``title section'' or 
``header section'' to refer to ``Inspection/Replacement'' in lieu of 
``Inspection.'' The commenter states that the required action is not 
only to inspect to determine the manufacturing date marked on the 
support bracket of the crew oxygen cylinder, but also to replace 
certain support assemblies.
    We do not agree that any change to the AD is needed with regard to 
this request. We are unable to determine what section of the AD that 
the commenter is requesting be changed. We note that the Summary 
section of the NPRM states that the proposed AD would require 
``inspecting the support bracket of the crew oxygen cylinder 
installation to determine the manufacturing date marked on the support, 
and performing corrective action if necessary.'' We also note that the 
Relevant Service Information section of the NPRM refers to the same 
actions and further explains that ``The corrective action is replacing, 
with a new support, any support with a manufacturing date that is 
within a certain range.'' The heading of paragraph (f) of the NPRM (and 
this AD) describe the actions in paragraph (f) as

[[Page 33605]]

an ``Inspection and Corrective Action,'' and the requirements of that 
paragraph are consistent with the actions described in the Summary and 
Relevant Service Information sections of the NPRM. Since all of these 
sections refer, at minimum, to an inspection and corrective action, we 
find no section of this AD needs to be made more specific. Thus we have 
not changed the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    There are about 70 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 15 airplanes of U.S. 
registry. The required inspection will take about 1 work hour per 
airplane, at an average labor rate of $65 per work hour. Based on these 
figures, the estimated cost of this AD for U.S. operators is $975, or 
$65 per airplane.

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.

Regulatory Findings

    We have 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) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-12-10 Boeing: Amendment 39-14635. Docket No. FAA-2005-23250; 
Directorate Identifier 2005-NM-150-AD.

Effective Date

    (a) This AD becomes effective July 17, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-400 series airplanes, 
certificated in any category, as identified in Boeing Special 
Attention Service Bulletin 747-35-2114, dated December 19, 2002.

Unsafe Condition

    (d) This AD results from a report indicating that certain oxygen 
cylinder supports may not have been properly heat-treated. We are 
issuing this AD to prevent failure of the oxygen cylinder support 
under the most critical flight load conditions, which could cause 
the oxygen cylinder to come loose and leak oxygen. Leakage of oxygen 
could result in oxygen being unavailable for the flightcrew or could 
result in a fire hazard in the vicinity of the leakage.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection and Corrective Action

    (f) Within 18 months after the effective date of this AD, except 
as provided by paragraph (g) of this AD: Inspect the support bracket 
of the crew oxygen cylinder installation to determine the 
manufacturing date marked on the support, and do the corrective 
action as applicable, by doing all of the actions in accordance with 
the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 747-35-2114, dated December 19, 2002. Corrective action, if 
applicable, must be done before further flight after the inspection.
    (g) If the configuration of the crew oxygen cylinder 
installation is changed from a one-cylinder to a two-cylinder 
configuration: Do the actions required by paragraph (f) of this AD 
before further flight after the change in configuration, or within 
18 months after the effective date of this AD, whichever is later.

Parts Installation

    (h) On or after the effective date of this AD, no person may 
install an oxygen cylinder support bracket having part number 
65B68258-2 and having a manufacturing date between 10/01/98 and 03/
09/01 inclusive (meaning, a manufacturing date of 10/01/98 or later 
and 03/09/01 or earlier).

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (j) You must use Boeing Special Attention Service Bulletin 747-
35-2114, dated December 19, 2002, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for a copy of this service information. You 
may review copies at the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>. 

    Issued in Renton, Washington, on May 31, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5209 Filed 6-9-06; 8:45 am]
BILLING CODE 4910-13-P