[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Proposed Rules]
[Pages 49827-49829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23421]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / 
Proposed Rules

[[Page 49827]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0795; Directorate Identifier 2009-NM-083-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Boeing Model 757 airplanes. This proposed AD would 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. This proposed 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 proposing 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: We must receive comments on this proposed AD by November 13, 
2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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#ddb0b8f3bfb2b8beb2b09dbfb2b8b4b3baf3beb2b0"><span class="__cf_email__" data-cfemail="066b632864696365696b466469636f68612865696b">[email protected]</span></a>; 
Internet https://www.myboeingfleet.com. You may review copies of the 
referenced 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.

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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Robert Hettman, 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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0795; 
Directorate Identifier 2009-NM-083-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received 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. An electrical current went through the support structure to a 
flightcrew mask stowage box. This caused the spring inside the low-
pressure oxygen hose to act as an electrical conductor and heat up, 
causing the hose to burn through. This condition, if not corrected, 
could cause the low-pressure flex-hose of the flightcrew or 
supernumerary oxygen system to melt or burn, resulting in oxygen system 
leakage and smoke or fire.

Relevant Service Information

    We have reviewed Boeing Service Bulletins 757-35A0015, Revision 2; 
and 757-35A0016, Revision 1; both dated June 15, 2000. The service 
bulletins describe procedures for replacing the existing low-pressure 
flex-hoses of the flightcrew and supernumerary oxygen system installed 
under the oxygen mask stowage box at the flightcrew and supernumerary 
oxygen mask location with new non-conductive low-pressure flex-hoses of 
the oxygen system.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs. This proposed AD would require accomplishing the actions 
specified in the service information described previously, except as 
discussed under ``Differences Between the Proposed AD and the Service 
Bulletins.''

[[Page 49828]]

Differences Between the Proposed AD and the Service Bulletins

    Although Boeing Service Bulletins 757-35A0015, Revision 2; and 757-
35A0016, Revision 1; both dated June 15, 2000; recommend accomplishing 
the replacement ``at the earliest opportunity when manpower, material 
and facilities are available,'' we have determined that this imprecise 
compliance time would not address the identified unsafe condition in a 
timely manner. In developing an appropriate compliance time for this 
proposed AD, we considered not only the manufacturer's recommendation, 
but the degree of urgency associated with addressing the subject unsafe 
condition, the average utilization of the affected fleet, and the time 
necessary to perform the modifications. In light of all of these 
factors, we find a compliance time of 36 months for completing the 
required actions to be warranted, in that it represents an appropriate 
interval of time for affected airplanes to continue to operate without 
compromising safety. This difference has been coordinated with Boeing.
    Boeing Service Bulletin 757-35A0015, Revision 2, dated June 15, 
2000, lists Boeing Model 757-200C in the Effectivity paragraph; 
however, we have confirmed with Boeing that its intent was to list 
Boeing Model 757-200CB. We have included Model 757-200CB in the 
Applicability paragraph of this proposed AD.

Other Rulemaking

    The oxygen mask installations on certain Boeing Model 737, 747, and 
767 airplanes are almost identical to those on the affected 757 
airplanes. Therefore, all of these airplanes may be subject to the 
identified unsafe condition. We are considering similar rulemaking 
related to the identified unsafe condition for certain Boeing Model 
737, 747, and 767 airplanes.

Costs of Compliance

    We estimate that this proposed 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 proposed AD. The average labor rate is $80 
per work-hour. Based on these figures, we estimate the cost of this 
proposed AD to the U.S. operators to be $38,800, or $80 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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Is not a ``significant rule'' under the 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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

Boeing: Docket No. FAA-2009-0795; Directorate Identifier 2009-NM-
083-AD.

Comments Due Date

    (a) We must receive comments by November 13, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing 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.

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

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, do an 
inspection 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

[[Page 49829]]

the low-pressure flex-hoses of the flightcrew and supernumerary 
oxygen system can be conclusively determined from that review.
    (1) For any 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.
    (2) For any 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Equivalent Boeing supplier part Nos.--
                                                     ---------------------------------------------------------------------------------------------------
           Boeing specification part No.--                                                                                              AVOX (formerly
                                                      Sierra Engineering     Spencer Fluid      Puritan Bennett        Hydraflow            Sierra
                                                                                                                                         Engineering)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------

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: Robert Hettman, Aerospace Engineer, Cabin Safety and 
Environmental Systems Branch, ANM-150S, FAA, Seattle ACO, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6457; fax (425) 917-6590. Or, e-mail information to <a href="/cdn-cgi/l/email-protection#447d69050a0969172125303028216905070b6905090b07691621353121373037042225256a232b32"><span class="__cf_email__" data-cfemail="320b1f737c7f1f61575346465e571f73717d1f737f7d711f6057434757414641725453531c555d44">[email 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.

    Issued in Renton, Washington, on September 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-23421 Filed 9-28-09; 8:45 am]
BILLING CODE 4910-13-P


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