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[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Rules and Regulations]
[Pages 24548-24551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09413]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0864; Directorate Identifier 2013-NM-108-AD; 
Amendment 39-17841; AD 2014-09-06]
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 certain

[[Page 24549]]

The Boeing Company Model 777F series airplanes. This AD was prompted by 
a report of a fire that originated near the first officer's seat and 
caused extensive damage to the flight deck. This AD requires replacing 
the low-pressure oxygen hoses with non-conductive low-pressure oxygen 
hoses in the stowage box and supernumerary ceiling area. We are issuing 
this AD to prevent electrical current from passing through an internal, 
anti-collapse spring of the low-pressure oxygen hose, which can cause 
the low-pressure oxygen hose to melt or burn and lead to an oxygen-fed 
fire near the flight deck.

DATES: This AD is effective June 5, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 5, 
2014.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0864; 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 (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 Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6457; fax: 425-917-6590; email: 
susan.l.monroe@faa.gov.

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 certain The Boeing Company 
Model 777F series airplanes. The NPRM published in the Federal Register 
on October 23, 2013 (78 FR 63130). The NPRM proposed to require 
replacing the low-pressure oxygen hoses with non-conductive low-
pressure oxygen hoses in the stowage box and supernumerary ceiling area 
in order to prevent electrical current from passing through an 
internal, anti-collapse spring of the low-pressure oxygen hose, which 
can cause the low-pressure oxygen hose to melt or burn and lead to an 
oxygen-fed fire near the flight deck.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 63130, October 23, 2013) and the FAA's response to each comment.

Support for the NPRM (78 FR 63130, October 23, 2013)

    The National Transportation Safety Board, The Air Line Pilots 
Association International (ALPA), and Alex Naife expressed support for 
the NPRM (78 FR 63130, October 23, 2013).

Request To Shorten Compliance Time

    ALPA recommended that we reduce the 36-month compliance time to 
replace the low-pressure oxygen hoses to 12 months because of the 
impact that an oxygen-fed fire on the flight deck would have on flight 
safety.
    We do not agree 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 replacing the low-
pressure oxygen hoses with non-conductive low-pressure oxygen hoses. In 
consideration of all of these factors, we determined that the 
compliance time, as proposed, represents an appropriate interval in 
which the low-pressure oxygen hoses can be replaced in a timely manner 
within the fleet, while still maintaining an adequate level of safety.
    Also, reducing the compliance time of the NPRM (78 FR 63130, 
October 23, 2013) would necessitate (under the provisions of the 
Administrative Procedure Act) reissuing the notice, reopening the 
period for public comment, considering additional comments subsequently 
received, and eventually issuing a final rule. In light of this, and in 
consideration of the amount of time that has already elapsed since 
issuance of the original notice, we have determined that further delay 
of this final rule is not appropriate.
    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 low-pressure oxygen hoses before 36 
months after the effective date of this final rule. If additional data 
are presented that would justify a shorter compliance time, we may 
consider further rulemaking on this issue. We have not changed this 
final rule in this regard.

Request for Credit for Previous Actions

    FedEx requested that accomplishment of the actions described in 
Boeing Alert Service Bulletin 777-35A0029, dated June 6, 2012, be 
considered as an acceptable means of compliance with the final rule. 
(The NPRM (78 FR 63130, October 23, 2013) specifies using Boeing Alert 
Service Bulletin 777-35A0029, Revision 1, dated April 29, 2013.) FedEx 
commented that Boeing Alert Service Bulletin 777-35A0029, Revision 1, 
dated April 29, 2013, on page 12, indicates that no more work is 
required for airplanes on which the defective hoses were removed, as 
described in Boeing Alert Service Bulletin 777-35A0029, dated June 6, 
2012. FedEx stated that it has already accomplished the modification on 
5 of its 18 applicable airplanes, as described in Boeing Alert Service 
Bulletin 777-35A0029, dated June 6, 2012.
    We partially agree with the commenter. We agree because the 
commenter indicated that the unsafe condition has already been removed 
on several of its airplanes. However, paragraph (i) of the NPRM (78 FR 
63130, October 23, 2013), and this final rule specifies credit for 
replacing the defective hoses before the effective date of this final 
rule using Boeing Alert Service Bulletin 777-35A0029, dated June 6, 
2012. Therefore, no changes are necessary to this final rule in this 
regard.

Change Made to This Final Rule

    We have revised the unsafe condition statement in the SUMMARY, the 
Discussion, and paragraph (e) of this final rule to clarify that the 
unsafe condition is near the flight deck, rather than on the flight 
deck.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD

[[Page 24550]]

with the change described previously and minor editorial changes. We 
have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 63130, October 23, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 63130, October 23, 2013).

Costs of Compliance

    We estimate that this AD affects 18 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                   Cost per       Cost on U.S.
               Action                       Labor cost           Parts cost        product          operators
----------------------------------------------------------------------------------------------------------------
Replace oxygen hoses................  7 work-hours x $85 per          $1,450           $2,045           $36,810
                                       hour = $595.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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),
    (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:

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):

2014-09-06 The Boeing Company: Amendment 39-17841; Docket No. FAA-
2013-0864; Directorate Identifier 2013-NM-108-AD.

(a) Effective Date

    This AD is effective June 5, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 777F series 
airplanes, certificated in any category, as identified in Boeing 
Alert Service Bulletin 777-35A0029, Revision 1, dated April 29, 
2013.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of a fire that originated near 
the first officer's seat and caused extensive damage to the flight 
deck. We are issuing this AD to prevent electrical current from 
passing through an internal, anti-collapse spring of the low-
pressure oxygen hose, which can cause the low-pressure oxygen hose 
to melt or burn and lead to an oxygen-fed fire near the flight deck.

(f) Compliance

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

(g) Oxygen Hose Replacement

    Within 36 months after the effective date of this AD: Replace 
the low-pressure oxygen hoses in the stowage box and supernumerary 
ceiling area with new, non-conductive, low-pressure oxygen hoses, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 777-35A0029, Revision 1, dated April 29, 2013.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
low-pressure oxygen hose, part number (P/N) 57034-08A050140, P/N 
57034-08A050215, or P/N 57034-09A050270, on any airplane.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin 777-
35A0029, dated June 6, 2012, provided that the low-pressure oxygen 
hoses described in Boeing Alert Service Bulletin 777-35A0029, 
Revision 1, dated April 29, 2013, were replaced with new, non-
conductive, low-pressure oxygen hoses. Boeing Alert Service Bulletin 
777-35A0029, dated June 6, 2012, is not incorporated by reference in 
this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (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. 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 ACO, send it to the 
attention of the person identified in paragraph (k) of this AD. 
Information may be emailed to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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.

[[Page 24551]]

    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes ODA that has been authorized by the 
Manager, Seattle ACO, to make those findings. For a repair method to 
be approved, the repair 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 Susan L. Monroe, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 
Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6457; fax: 
425-917-6590; email: susan.l.monroe@faa.gov.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the addresses specified 
in paragraphs (l)(3) and (l)(4) 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 service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 777-35A0029, Revision 1, dated 
April 29, 2013.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet 
https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 17, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-09413 Filed 4-30-14; 8:45 am]
BILLING CODE 4910-13-P
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