AD 2018-05-07

[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Rules and Regulations]
[Pages 9685-9688]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-04259]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0806; Product Identifier 2017-NM-064-AD; Amendment 
39-19216; AD 2018-05-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 787-8 and 787-9 airplanes. This AD was prompted by 
a flight test report indicating that the crew oxygen masks in the 
flight deck did not deploy correctly. This AD requires an inspection at 
four locations in the flight deck to determine whether any crew oxygen 
mask having a certain part number is installed, and replacement of 
affected crew oxygen masks. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective April 11, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 11, 
2018.

ADDRESSES: For service information identified in this final rule, 
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; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this service information at the 
FAA, Transport Standards 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 on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
0806.

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> by searching for and locating Docket No. FAA-2017-
0806; 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 final rule, the regulatory evaluation, any comments 
received, and other information. The address for the

[[Page 9686]]

Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Susan L. Monroe, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, Seattle ACO Branch, 
FAA, 2200 South 216th St., Des Moines, WA; phone: 206-231-3570; email: 
<a href="/cdn-cgi/l/email-protection#80f3f5f3e1eeaeecaeedefeef2efe5c0e6e1e1aee7eff6"><span class="__cf_email__" data-cfemail="10636563717e3e7c3e7d7f7e627f75507671713e777f66">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model 787-8 and 787-9 airplanes. The NPRM published in the Federal 
Register on August 28, 2017 (82 FR 40735). The NPRM was prompted by a 
flight test report indicating that the crew oxygen masks in the flight 
deck did not deploy correctly. The NPRM proposed to require an 
inspection at four locations in the flight deck to determine whether 
any crew oxygen mask having a certain part number is installed, and 
replacement of affected crew oxygen masks. We are issuing this AD to 
prevent the oxygen mask harness from getting caught in the oronasal 
mask or goggles, which may lead to flight crew hypoxia and the loss of 
useful consciousness, possibly resulting in loss of control of the 
airplane.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Support

    In addition to the comments described below, Air Line Pilots 
Association, International (ALPA) agrees with the intent of the 
proposed subject AD, and United Airlines (UAL) provided support for the 
NPRM, stating that the proposed changes are clear and easily 
understood, with an acceptable compliance time line.

Requests To Change or Delete Parts Installation Prohibition Language

    All Nippon Airways (ANA) and Japan Airlines (JAL) asked that the 
prohibition of affected parts, specified in paragraph (h) of the 
proposed AD, ``Parts Installation Prohibition,'' apply after 72 months 
after the effective date of the AD, instead of ``as of the effective 
date of this AD.'' ANA and JAL stated that the supply of spare parts 
having part number (P/N) MF40-45-02 is insufficient worldwide.
    UAL asked that paragraph (h) of the proposed AD, ``Parts 
Installation Prohibition,'' be deleted in its entirety, and that the 
proposed AD simply mandate replacement of all affected masks within 72 
months from the effective date of the AD. UAL objected to this 
paragraph as written because it would result in the unintended 
consequence of restricting operators to replacing the oxygen masks one 
at a time, which would allow an intermixing of both MLD20 and MF40 
series masks in any of the four locations on any given aircraft. UAL 
noted that since these masks are operationally different, intermixing 
the masks is not desirable, even with extensive flight crew training on 
both mask types. UAL added that in order to mitigate any potential risk 
due to pilot confusion with the parts differences, replacing the entire 
shipset of masks at once eliminates the potential for error caused by 
replacing one mask at a time.
    Boeing asked that paragraph (h) of the proposed AD, ``Parts 
Installation Prohibition,'' be changed to read: ``As of the effective 
date of this AD, no person may install a crew oxygen mask having P/N 
MLD20-626-1, in place of a crew oxygen mask having P/N MF40-45-02, on 
any Model 787 series airplane.'' Boeing stated that as noted in the 
NPRM, the affected parts are rotable parts, and these parts could 
frequently be removed and re-installed on airplanes for a variety of 
reasons. Boeing added that allowing the replacement of one oxygen mask 
having P/N MLD20-626-1 with another oxygen mask having P/N MLD20-626-1 
until accomplishment of the required actions will avoid any unnecessary 
disruption caused by replacing rotable parts, such as a crew oxygen 
mask having P/N MLD20-626-1 found in unserviceable condition prior to 
dispatch or prior to completion of the terminating action steps 
required for compliance. Boeing concluded that revising paragraph (h) 
of the proposed AD would prevent the proliferation of oxygen masks 
having P/N MLD20-626-1, while still allowing operators the flexibility 
to replace rotable parts until the terminating action in the proposed 
AD has been done.
    We agree to change paragraph (h) of this AD, ``Parts Installation 
Prohibition,'' because of the need for dispatch relief. While we 
acknowledge all of the commenters' requests and concerns, we have 
revised this provision specific to situations when dispatch relief is 
warranted. We have revised paragraph (h) of this AD to allow 
installation of an affected oxygen mask only when the mask is replacing 
another affected mask, and only when the action of replacing the mask 
is done as unscheduled maintenance. Unscheduled maintenance is defined 
as maintenance that was not planned for or scheduled in advance, such 
as changing a defective or unserviceable oxygen mask at dispatch. If a 
different (unaffected) mask is already installed, an operator may not 
replace it with an affected mask. The supplier has informed us that no 
parts availability issues are expected.

Request To Reduce Compliance Time

    ALPA suggested reducing the compliance time from 72 to 36 months. 
ALPA stated that 72 months is excessive considering the limited number 
of airplanes on the market and the ease of the inspection. ALPA added 
that 36 months would be more appropriate.
    We disagree with the commenter's request to reduce the compliance 
time. In developing an appropriate compliance time, we considered the 
safety implications, parts availability, and normal maintenance 
schedules for timely accomplishment of replacement of the oxygen masks. 
Further, we arrived at the proposed compliance time with the 
manufacturer's concurrence. In consideration of all of these factors, 
we have determined that the compliance time, as proposed, represents an 
appropriate interval in which the oxygen masks can be replaced in a 
timely manner within the fleet, while still maintaining an adequate 
level of safety. Operators are 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 masks before 
reaching 72 months after the effective date of this AD. If data are 
presented that would justify a shorter compliance time, we might 
consider further rulemaking on this issue. We have not changed this AD 
in this regard.

Request To Clarify Applicability

    ANA asked that we clarify whether the actions in the proposed AD 
apply to all airplanes, as specified in paragraph (c) of the proposed 
AD, or only to the airplanes identified in paragraph (g) of the 
proposed AD. ANA stated that paragraph (g) of the proposed AD would 
apply to airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness issued on or before the 
effective date of this AD. ANA added that it is uncertain of which 
actions are required for airplanes not identified in paragraph (g) of 
the proposed AD.

[[Page 9687]]

    We acknowledge the commenter's concern and agree to clarify. 
Paragraph (g) of this AD only applies to the airplanes identified 
therein. The ``Parts Installation Prohibition'' specified in paragraph 
(h) of this AD applies to all airplanes identified in paragraph (c) of 
this AD. In addition, paragraph (h) has been revised, as noted above. 
We have not changed this AD in this regard.

Statement Regarding Training for Packing Oxygen Masks

    Zodiac Aerospace Oxygen Systems Division stated that it recommends 
that all individuals packing the oxygen masks be properly trained and 
checked periodically on procedures. Zodiac offered to provide this 
training to all operators. Zodiac stated that proper stowage of all 
crew oxygen masks and hoses is essential to ensure that the mask can be 
donned within the mandated 5-second period. Zodiac added that 
instructions are provided with the masks for every Boeing Model 787-8 
and 787-9 airplane. Zodiac concluded that if these instructions are 
followed, no equipment change should be required, contrary to what 
would be required by the proposed AD.
    We acknowledge the commenter's offer to provide training; however, 
the supplier had previously provided mask-packing training to Boeing, 
and the masks that failed were packed by trained, certified mask 
packers. Given that trained, certified mask packers packed and 
installed the oxygen masks that failed, we have determined that 
mandating a design change is necessary to effectively mitigate the 
unsafe condition. Therefore, we have not changed this AD in this 
regard.

Request To Provide Statement of Relief for Airplanes With Unaffected 
Masks

    ANA asked that we clarify paragraph (g) of the proposed AD by 
stating that if no oxygen mask having P/N MLD20-626-1 is installed at 
the four locations, there is no further action.
    We do not agree with the commenter's request. We acknowledge that 
if no oxygen mask having P/N MLD20-626-1 is found, no further action is 
required by paragraph (g) of this AD. However, operators must still 
address the actions specified in paragraph (h) of this AD, ``Parts 
Installation Prohibition.'' This AD specifies only those actions 
required to address the unsafe condition. Therefore, we have not 
changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the changes described previously and minor 
editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin B787-81205-SB350007-00, Issue 
001, dated May 9, 2017. The service information describes procedures 
for replacing the crew oxygen masks at four locations in the flight 
deck. 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.

Costs of Compliance

    We estimate that this AD affects 57 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                                     Estimated Costs
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             Action                   Labor cost                  Parts cost                    Cost per product              Cost on U.S. operators
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Inspection.....................  1 work-hour x $85     $0.............................  $85............................  $4,845.
                                  per hour = $85.
Replacement....................  Up to 4 work-hours x  Up to $36,800..................  Up to $37,140..................  Up to $2,116,980.
                                  $85 per hour = $340.
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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.
    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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

[[Page 9688]]

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 (AD):

2018-05-07 The Boeing Company: Amendment 39-19216; Docket No. FAA-
2017-0806; Product Identifier 2017-NM-064-AD.

(a) Effective Date

    This AD is effective April 11, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8 and 787-9 
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a flight test report indicating that the 
crew oxygen masks in the flight deck did not deploy correctly. We 
are issuing this AD to prevent the oxygen mask harness from getting 
caught in the oronasal mask or goggles, which may lead to flight 
crew hypoxia and the loss of useful consciousness, possibly 
resulting in loss of control of the airplane.

(f) Compliance

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

(g) Oxygen Mask Inspection and Replacement

    For airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness issued on or before the 
effective date of this AD: Within 72 months after the effective date 
of this AD, do an inspection to determine whether any crew oxygen 
mask having part number (P/N) MLD20-626-1 is installed at the four 
locations identified in Boeing Service Bulletin B787-81205-SB350007-
00, Issue 001, dated May 9, 2017. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the part number 
of the crew oxygen mask can be conclusively determined from that 
review. If any crew oxygen mask having P/N MLD20-626-1 is found 
installed, within 72 months after the effective date of this AD, do 
all applicable actions identified as ``RC'' (required for 
compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Service Bulletin B787-81205-SB350007-00, 
Issue 001, dated May 9, 2017.

(h) Parts Installation Prohibition

    (1) For airplanes with an original certificate of airworthiness 
or original export certificate of airworthiness issued on or before 
the effective date of this AD: As of the effective date of this AD, 
no person may install a crew oxygen mask having P/N MLD20-626-1 on 
any airplane, except as provided in this paragraph. Within 72 months 
after the effective date of this AD, installation of a crew oxygen 
mask having P/N MLD20-626-1 is acceptable when the action of 
replacing the mask is done as unscheduled maintenance, and as a 
replacement only for another crew oxygen mask having P/N MLD20-626-
1. For the purposes of this AD, unscheduled maintenance is defined 
as maintenance that was not planned for or scheduled in advance, 
such as changing a defective or unserviceable oxygen mask at 
dispatch.
    (2) For airplanes with an original certificate of airworthiness 
or original export certificate of airworthiness issued after the 
effective date of this AD: As of the effective date of this AD, no 
person may install a crew oxygen mask having P/N MLD20-626-1 on any 
airplane.

(i) 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 local Flight Standards District 
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 (j) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#d8e1f5999695f58bbdb9acacb4bdf5999b97f59995979bf58abda9adbdabacab98beb9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="6e57432f2023433d0b0f1a1a020b432f2d21432f23212d433c0b1f1b0b1d1a1d2e080f0f40090118">[email&#160;protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district 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 Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Seattle ACO Branch, 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.
    (4) For service information that contains steps that are labeled 
as RC, the provisions of paragraphs (i)(4)(i) and (i)(4)(ii) of this 
AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    For more information about this AD, contact Susan L. Monroe, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
Seattle ACO Branch, FAA, 2200 South 216th St., Des Moines, WA; 
phone: 206-231-3570; email: <a href="/cdn-cgi/l/email-protection#582b2d2b39367634763537362a373d183e3939763f372e"><span class="__cf_email__" data-cfemail="dcafa9afbdb2f2b0f2b1b3b2aeb3b99cbabdbdf2bbb3aa">[email&#160;protected]</span></a>.

(k) 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 service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin B787-81205-SB350007-00, Issue 001, 
dated May 9, 2017.
    (ii) Reserved.
    (3) For service information identified in this AD, 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; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this service information at the FAA, Transport 
Standards 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 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/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on February 22, 2018.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-04259 Filed 3-6-18; 8:45 am]
 BILLING CODE 4910-13-P