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[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Rules and Regulations]               
[Page 47194-47197]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au10-8]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0046; Directorate Identifier 2009-NM-086-AD; 
Amendment 39-16383; AD 2010-16-06]
RIN 2120-AA64

 
Airworthiness Directives; The Boeing Company Model 737-300, -400, 
-500, -600, -700, and -800 Series 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 737-300, -400, -500, -600, -700, and -800 series airplanes. This 
AD requires inspecting to verify the part number of the low-pressure 
flex-hoses of the crew oxygen system installed under the oxygen mask 
stowage boxes located within the flight deck, and replacing the flex-
hose with a new non-conductive low-pressure flex-hose if necessary. 
This AD results from reports of low-pressure flex-hoses of the crew 
oxygen system that burned through due to inadvertent electrical current 
from a short circuit in the audio select panel. We are issuing this AD 
to prevent inadvertent electrical current, which can cause the low-
pressure flex-hoses of the crew oxygen system to melt or burn, causing 
oxygen system leakage and smoke or fire.

DATES: This AD is effective September 9, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of September 9, 
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 me.boecom@boeing.com; 
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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,

[[Page 47195]]

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, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6457; 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 737-300, -400, -500, -600, -700, and -800 series 
airplanes. That NPRM was published in the Federal Register on January 
22, 2010 (75 FR 3662). That NPRM proposed to require inspecting to 
verify the part number of the low-pressure flex-hoses of the crew 
oxygen system installed under the oxygen mask stowage boxes located 
within the flight deck, and replacing the flex-hose with a new non-
conductive low-pressure flex-hose if necessary.

Comments

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

Support of NPRM

    Boeing concurs with the contents of the NPRM.

Request for Clarification of Cup-Type Oxygen Mask Applicability

    All Nippon Airways requests that the FAA clarify the NPRM by 
including a note stating that the cup-type oxygen mask at the observer 
seat position is not included in the applicability statement of the 
NPRM, as stated in a note in the Accomplishment Instructions of Boeing 
Service Bulletin 737-35A1053, Revision 1, dated June 1, 2000.
    We agree that clarification is necessary. Boeing Service Bulletin 
737-35A1053, Revision 1, dated June 1, 2000, provides information that 
describes the applicable parts and equipment. ADs do not identify parts 
and equipment that are not applicable; therefore, the cup-type oxygen 
mask is not included in the applicability statement. No change has been 
made to the AD in this regard.

Request To Extend Compliance Time

    The Air Transport Association on behalf of its member American 
Airlines, requests that the 36-month compliance time be extended to 72 
months to allow accomplishment during heavy maintenance. American 
Airlines states that this extended compliance time would be consistent 
with the apparent urgency being placed on this inspection by the FAA, 
which has waited over ten years since the original release of the 
service bulletin to issue the NPRM. American Airlines also states that 
the compliance urgency should also take into account that the proposed 
AD results from reports of hoses that burned through on a Model 757 
airplane due to electrical current from a short circuit in the audio 
selector panel with no mention of reports of burned-through hoses on 
properly maintained Model 737 airplanes.
    We do not agree. American Airlines provides no technical 
justification for extending the compliance time. In developing an 
appropriate compliance time, we considered the safety implications, 
parts availability, and normal maintenance schedules for timely 
accomplishment of the required actions. Further, we arrived at the 
compliance time with manufacturer concurrence. In consideration of all 
of these factors, we determined that the compliance time, as proposed, 
represents an appropriate interval in which the inspections can be done 
in a timely manner within the fleet, while still maintaining an 
adequate level of safety. If additional data are presented that would 
justify a longer compliance time, we may consider further rulemaking on 
this issue. No change has been made to the AD in this regard.

Request for Clarification of Conductive Oxygen Hose Part Numbers

    The Air Transport Association on behalf of its member American 
Airlines, requests clarification regarding the conductive oxygen hose 
part numbers in Table 1 of the NPRM and the applicable airplane models. 
American Airlines states that the NPRM requires inspections for five 
conductive hose part numbers regardless of model applicability, and 
does not differentiate between part numbers that are applicable to 
Model 737-300, -400, and -500 series airplanes, and those applicable to 
Models 737-600, -700, and -800 series airplanes. American Airlines 
states that if an operator who flies only Model 737-800 series 
airplanes has accomplished Boeing Service Bulletin 737-35A1058, 
Revision 1, dated June 1, 2000, for Model 737-800 airplanes prior to 
the effective date of the NPRM, the operator would now be required to 
perform another inspection to look for the part numbers in Boeing 
Service Bulletin 737-35A1053, Revision 1, dated June 1, 2000, which 
does not apply to Model 737-800 airplanes. American Airlines asserts 
that this places undue burden and expense on the operator.
    We agree that clarification is needed regarding the conductive hose 
part numbers. We have changed Table 1 of this final rule to identify 
part numbers for only Model 737-300, -400, and -500 series airplanes. 
Table 2 has been added to this final rule to identify part numbers for 
Model 737-600, -700, and -800 series airplanes.

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 will affect 851 airplanes of U.S. 
registry. We also estimate that it will 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 AD to the U.S. operators 
to be $72,335, 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

[[Page 47196]]

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:

2010-16-06 The Boeing Company: Amendment 39-16383. Docket No. FAA-
2010-0046; Directorate Identifier 2009-NM-086-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective September 9, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) The Boeing Company Model 737-300, -400, and -500 series 
airplanes, as identified in Boeing Service Bulletin 737-35A1053, 
Revision 1, dated June 1, 2000.
    (2) The Boeing Company Model 737-600, -700, and -800 series 
airplanes, as identified in Boeing Service Bulletin 737-35A1058, 
Revision 1, dated June 1, 2000.

Subject

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

Unsafe Condition

    (e) This AD results from reports of low-pressure flex-hoses of 
the crew oxygen system that burned through due to inadvertent 
electrical current from a short circuit in the audio select panel. 
The Federal Aviation Administration is issuing this AD to prevent 
inadvertent electrical current, which can cause the low-pressure 
flex-hoses of the crew 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 and Replacement

    (g) Within 36 months after the effective date of this AD, do an 
inspection to determine whether any low-pressure flex-hose of the 
crew oxygen system installed under the oxygen mask stowage box in 
the flight deck has a part number identified in Table 1 or Table 2 
of this AD, as applicable. 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 crew oxygen system can be 
conclusively determined from that review.
    (1) For any hose having a part number identified in Table 1 or 
Table 2 of this AD, as applicable, before further flight, replace 
the hose with a new or serviceable part, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 737-35A1053, 
Revision 1, dated June 1, 2000; or Boeing Service Bulletin 737-
35A1058, Revision 1, dated June 1, 2000; as applicable.
    (2) For any hose not having a part number identified in Table 1 
or Table 2 of this AD no further action is required by this 
paragraph.

   Table 1--Applicable Part Numbers for Model 737-300, -400, and -500
                            Series Airplanes
------------------------------------------------------------------------
                                   Equivalent Boeing supplier part Nos.
  Boeing specification part No.  ---------------------------------------
                                    Puritan bennett        Hydraflow
------------------------------------------------------------------------
10-60174-31.....................  173470-31.........            37001-31
10-60174-35.....................  173470-35.........            37001-35
10-60174-46.....................  Not Applicable....            37001-46
60B50059-99.....................  Not Applicable....            38001-99
------------------------------------------------------------------------

   Table 2--Applicable Part Numbers for Model 737-600, -700, and -800
                            Series Airplanes
------------------------------------------------------------------------
                                   Equivalent Boeing supplier part Nos.
  Boeing specification part No.  ---------------------------------------
                                    Puritan bennett        Hydraflow
------------------------------------------------------------------------
10-60174-31.....................  173470-31.........            37001-31
10-60174-35.....................  173470-35.........            37001-35
60B50059-124....................  Not Applicable....           38001-124
------------------------------------------------------------------------

Parts Installation

    (h) As of the effective date of this AD, no person may install a 
crew oxygen hose with a part number identified in Table 1 or Table 2 
of this AD, as applicable, on any airplane.

Actions Accomplished According to Previous Issue of Service Bulletins

    (i) Actions accomplished before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin 737-35A1053, dated 
September 2, 1999; or Boeing Alert Service Bulletin 737-35A1058, 
dated September 2, 1999; as applicable; 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

[[Page 47197]]

authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information to Attn: Susan L. 
Monroe, 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-
6457; fax (425) 917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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 737-35A1053, Revision 
1, dated June 1, 2000; or Boeing Service Bulletin 737-35A1058, 
Revision 1, dated June 1, 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 
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
    (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.
    (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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-18624 Filed 8-4-10; 8:45 am]
BILLING CODE 4910-13-P
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