AD 2010-06-17

[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Rules and Regulations]
[Pages 15328-15331]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2010-5857]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0795; Directorate Identifier 2009-NM-083-AD; 
Amendment 39-16242; AD 2010-06-17]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 757 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Model 757 airplanes. This AD requires inspecting to verify the part 
number of the low-pressure flex-hoses of the flightcrew and 
supernumerary oxygen system installed under the oxygen mask stowage box 
at a flightcrew and supernumerary oxygen mask location, and replacing 
with a new non-conductive low-pressure flex-hose of the oxygen system 
if necessary. This AD results from reports of a low-pressure flex-hose 
of a flightcrew oxygen system that burned through due to inadvertent 
electrical current from a short circuit in an adjacent audio select 
panel. We are issuing this AD to prevent inadvertent electrical 
current, which can cause the low-pressure flex-hose of a flightcrew or 
supernumerary oxygen system to melt or burn, resulting in oxygen system 
leakage and smoke or fire.

DATES: This AD is effective May 3, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 3, 2010.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail <a href="/cdn-cgi/l/email-protection#b4d9d19ad6dbd1d7dbd9f4d6dbd1dddad39ad7dbd9"><span class="__cf_email__" data-cfemail="3b565e1559545e5854567b59545e52555c15585456">[email&#160;protected]</span></a>; 
Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West

[[Page 15329]]

Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nicholas Wilson, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6476; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Model 757 airplanes. That NPRM was published in the Federal 
Register on September 29, 2009 (74 FR 49827). That NPRM proposed to 
require inspecting to verify the part number of the low-pressure flex-
hoses of the flightcrew and supernumerary oxygen system installed under 
the oxygen mask stowage box at a flightcrew and supernumerary oxygen 
mask location, and replacing with a new non-conductive low-pressure 
flex-hose of the oxygen system if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the six commenters.

Support for the NPRM

    Boeing, Air Line Pilots Association, International (ALPA), and the 
National Transportation Safety Board (NTSB) support the NPRM.

Request To Withdraw NPRM

    American Airlines states that the NPRM is unnecessary and should be 
retracted. The commenter states that, given the Boeing compliance 
recommendation of ``earliest opportunity when manpower, material and 
facilities are available,'' risk analysis for the unsafe condition was 
found to be below the extremely improbable threshold. The commenter 
states that the NPRM would affect 102 of its airplanes, all of which 
have been modified to preclude the unsafe condition. The commenter also 
states that, of the 485 airplanes affected by the NPRM, it has 
mitigated the risk on 25 percent of the U.S. fleet. The commenter 
states that the three other large U.S. operators have also incorporated 
Boeing Service Bulletin 757-35A0015, Revision 2, dated June 15, 2000. 
The commenter states that this combined effort has substantially 
addressed the U.S. fleet and reduced the risk probabilities even 
further. The commenter also states that it has put procedures in place 
to preclude reintroducing the unsafe condition. The commenter also 
states that, since Boeing Service Bulletin 757-35A0015, dated September 
2, 1999, was issued 10 years ago, the FAA appears to agree that at 
least 13 years is an appropriate interval of time in which the affected 
airplanes could continue to operate without compromising safety. The 
commenter states that the compliance period appears arbitrary and is 
not based on accepted risk assessment practices.
    We do not agree to withdraw the NPRM. Sufficient information exists 
to demonstrate that our risk analysis for the unsafe condition is 
adequate in determining the compliance times required in this AD. We 
acknowledge that American Airlines has been proactive in compliance 
with the requirements of this AD; however, not every operator has been 
quite as proactive. According to various bilateral airworthiness 
agreements with countries around the world, we are obligated to advise 
other civil airworthiness authorities of unsafe conditions identified 
in products manufactured in the United States. The issuance of ADs is 
the means by which we satisfy this obligation. Even if the current 
U.S.-registered fleet is in compliance with the requirements of the AD, 
the issuance of the rule is still necessary to ensure that any affected 
airplane imported and placed on the U.S. register in the future will be 
required to be in compliance as well. The manufacturer has advised us 
that not all of the affected airplanes worldwide have been modified. 
Issuance of this AD will ensure that the airplanes are modified before 
they are permitted to operate in the U.S. We have not changed the AD in 
this regard.

Request To Allow a One-time Ferry Flight

    FedEx requests that a one-time ferry flight to a maintenance base 
be allowed for airplanes in a non-compliant configuration due to being 
in storage. FedEx states that a ferry flight would be required after 
the 36-month compliance date.
    We partially agree with the request for a one-time ferry flight. We 
agree with allowing special flight permits for the purpose of flying 
the airplane to a repair facility to do the work required by this AD. 
However, we disagree with revising this AD to specifically state that 
special flight permits are approved for this purpose. Special flight 
permits are currently allowed under section 39.23 of the Federal 
Aviation Regulations (14 CFR 39.23). No change has been made to the AD 
in this regard.

Request That Visual Inspections for the Part Number Not Be Required if 
Previously Done

    Northwest Airlines requests that visual inspections for part 
numbers of the low-pressure oxygen flex hose not be required if the 
airline has previously complied with Boeing Service Bulletin 757-
35A0015, Revision 2, dated June 15, 2000. The commenter provided no 
further justification for this request.
    We agree that the visual inspection of the hose is not necessary if 
the operator has previously accomplished the actions specified in 
Boeing Service Bulletin 757-35A0015, Revision 2, dated June 15, 2000. 
Paragraph (f) of this AD states that the required actions must be done 
within the specified compliance times, ``* * * unless the actions have 
already been done.'' This AD does not require that the actions be 
redone if they were done before the effective date of the AD. No change 
to the AD is necessary in this regard.

Request To Reduce Proposed Compliance Time

    ALPA requests a shorter compliance time. ALPA states that the 36-
month inspection and replacement interval is too long due to a high 
degree of risk imposed on passengers and crew.
    We do not agree. In developing an appropriate compliance time, we 
considered the safety implications, parts availability, and normal 
maintenance schedules for timely accomplishment of inspecting the low-
pressure flex-hoses of the flightcrew and supernumerary oxygen system. 
Further, we arrived at the proposed compliance time with operator and 
manufacturer concurrence. In consideration of all of these factors, we 
determined that the compliance time, as proposed, represents an 
appropriate interval in which the inspection and replacement can be 
accomplished in a timely manner within the fleet, while still 
maintaining an adequate level of safety. Operators are always permitted 
to accomplish the requirements of an AD at a time earlier than the 
specified compliance time; therefore, an operator may choose to replace 
the oxygen hose before 36 months after the effective date of this AD in 
order to accomplish the requirements of this AD. If additional data are 
presented that would justify a shorter compliance time, we might 
consider further rulemaking on this issue. We have not changed the AD 
in this regard.

[[Page 15330]]

Request To Revise Applicability To Include Manufacturers of Other 
Airplanes With Similar Low-Pressure Oxygen Hoses

    Although the NTSB fully supports the NPRM, the NTSB states that 
because the risk of fire from electrically conductive hoses is not 
restricted to Boeing models, the FAA should widen the inspection and 
replacement of oxygen hoses beyond the airplanes cited in the NPRM. The 
NTSB notes that the NPRM and the future rules mentioned in the NPRM 
would apply only to Boeing airplanes. The NTSB states that suppliers 
provide other airplane manufacturers with low-pressure oxygen hoses 
that are nearly identical to those that the NPRM seeks to identify and 
replace.
    From these statements, we infer the NTSB is requesting that we 
revise the NPRM to add other airplane models to the applicability of 
the NPRM. We agree that suspect low-pressure oxygen hoses or similar 
hoses might be installed on airplane models produced by manufacturers 
other than Boeing. Determining whether an unsafe condition exists on 
these other airplanes is outside the scope of this AD. We will continue 
to evaluate the safety implications of these oxygen hoses as they apply 
to other manufacturers and initiate additional rulemaking to address 
the unsafe condition on those airplanes if necessary. We have not 
changed the AD in this regard.

Request To Remove Requirement for Recording Part Numbers

    Northwest Airlines requests that we remove the proposed requirement 
to record the part number of the flex hose that is intended for 
replacement. Northwest Airlines states that once an oxygen hose has 
been identified as affected by the visual inspection confirming the 
part number, the affected hose will be replaced. Northwest Airlines 
states that there is no further instruction on where to record this 
information or what to do with it. Northwest Airlines states that 
requiring the recording of the part number of the affected oxygen hose 
does not provide any benefit or enhance safety.
    We agree that recording the part number of the affected hose does 
not serve any safety interest. Recording the part number of the 
affected hose identified for replacement as specified in Boeing Service 
Bulletin 757-35A0015, Revision 2, dated June 15, 2000, is not necessary 
for compliance with this AD. We have revised paragraph (g)(1) of this 
AD to clarify that recording the part number of the affected oxygen 
hose is not necessary.

Explanation of Changes Made to This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD would affect 485 airplanes of U.S. 
registry. We also estimate that it would take 1 work-hour per product 
to comply with this AD. The average labor rate is $85 per work-hour. 
Based on these figures, we estimate the cost of this proposed AD to the 
U.S. operators to be $41,225, or $85 per product.

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

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

2010-06-17 The Boeing Company: Amendment 39-16242. Docket No. FAA-
2009-0795; Directorate Identifier 2009-NM-083-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective May 3, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 757-200, -200CB, 
-200PF, and -300 series airplanes, certificated in any category; as 
identified in the service bulletins listed in Table 1 of this AD.

[[Page 15331]]



                                             Table 1--Applicability
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   Boeing Service Bulletin        Revision           Dated                   Applicable model/series
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757-35A0015..................               2  June 15, 2000...  757-200, 757-200CB, 757-200PF.
757-35A0016..................               1  June 15, 2000...  757-300.
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Subject

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

Unsafe Condition

    (e) This AD results from reports of a low-pressure flex-hose of 
a flightcrew oxygen system that burned through due to inadvertent 
electrical current from a short circuit in an adjacent audio select 
panel. We are issuing this AD to prevent inadvertent electrical 
current which can cause the low-pressure flex-hoses used in the 
flightcrew and supernumerary oxygen system to melt or burn, 
resulting in oxygen system leakage and smoke or fire.

Compliance

    (f) 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

    (g) Within 36 months after the effective date of this AD, 
inspect to determine whether any low-pressure flex-hose of the 
flightcrew and supernumerary oxygen systems installed under the 
oxygen mask stowage location has a part number identified in Table 2 
of this AD. A review of airplane maintenance records is acceptable 
in lieu of this inspection if the part number of the low-pressure 
flex-hoses of the flightcrew and supernumerary oxygen system can be 
conclusively determined from that review.
    (1) For any low-pressure flex-hose having a part number 
identified in Table 2 of this AD, before further flight, replace the 
hose with a new or serviceable part, in accordance with the 
Accomplishment Instructions of the applicable service bulletin 
identified in Table 1 of this AD. Recording the part number of the 
hose being replaced is not required by this AD.
    (2) For any low-pressure flex-hose not having a part number 
identified in Table 2 of this AD, no further action is required by 
this paragraph.

Parts Installation

    (h) As of the effective date of this AD, no person may install a 
flightcrew or supernumerary oxygen hose with a part number 
identified in Table 2 of this AD on any airplane.

                                                            Table 2--Applicable Part Numbers
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                                                                           Equivalent Boeing supplier part numbers--
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   Boeing specification part No.--           Sierra                                                                            AVOX (formerly Sierra
                                          Engineering       Spencer Fluid         Puritan Bennett          Hydraflow               Engineering)
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60B50059-70..........................          835-01-70     9513-20S5-18.0  ZH784-20................           38001-70  9513-835-01-70
60B50059-81..........................          835-01-81     9513-20S5-24.0  ZH784-81................           38001-81  9513-835-01-81
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Actions Accomplished According to Previous Issue of Service Bulletin

    (i) Actions accomplished before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin 757-35A0015, dated 
September 2, 1999, or Revision 1, dated November 11, 1999; or Boeing 
Alert Service Bulletin 757-35A0016, dated November 11, 1999; are 
considered acceptable for compliance with the corresponding actions 
specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. Send information to 
ATTN: Nicholas Wilson, Aerospace Engineer, Cabin Safety and 
Environmental Systems Branch, ANM-150S, FAA, Seattle ACO, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6476; fax (425) 917-6590. Or, e-mail information to <a href="/cdn-cgi/l/email-protection#5d64701c1310700e383c29293138701c1e12701c10121e700f382c28382e292e1d3b3c3c733a322b"><span class="__cf_email__" data-cfemail="a59c88e4ebe888f6c0c4d1d1c9c088e4e6ea88e4e8eae688f7c0d4d0c0d6d1d6e5c3c4c48bc2cad3">[email&#160;protected]</span></a>.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin 757-35A0015, Revision 
2, dated June 15, 2000; or Boeing Service Bulletin 757-35A0016, 
Revision 1, dated June 15, 2000; as applicable; to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; e-mail 
<a href="/cdn-cgi/l/email-protection#acc1c982cec3c9cfc3c1eccec3c9c5c2cb82cfc3c1"><span class="__cf_email__" data-cfemail="0a676f2468656f6965674a68656f63646d24696567">[email&#160;protected]</span></a>; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the 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, 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 March 9, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-5857 Filed 3-26-10; 8:45 am]
BILLING CODE 4910-13-P