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[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Rules and Regulations]               
[Page 47180-47182]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au10-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0044; Directorate Identifier 2009-NM-084-AD; 
Amendment 39-16381; AD 2010-16-04]
RIN 2120-AA64

 
Airworthiness Directives; The Boeing Company Model 767-200, -300, 
and -300F 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 767-200, -300, and -300F series 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 flightcrew and supernumerary oxygen mask 
locations, 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 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 systems to melt 
or burn, resulting in 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 a certain publication 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, 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 767-200, -300, and -300F series airplanes. That NPRM was 
published in the Federal Register on January 22, 2010 (75 FR 3656). 
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 flightcrew and 
supernumerary oxygen mask locations, 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 for the NPRM

    Boeing concurs with the contents of the NPRM. United Airlines and 
the Air Line Pilots Association, International, (ALPA) both support the 
intent of the NPRM.

Request To Take Into Account a Non-Procurable Part

    United Airlines states that paragraph (g)(1) of the NPRM refers to 
the Accomplishment Instructions in Boeing Service Bulletin 767-35A0034, 
Revision 1, dated June 22, 2000, which specifies the use of tape having 
part number 232T8002-26. United Airlines states that this tape is no 
longer available. United Airlines states that Boeing has advised them 
to procure tape having part number 5841007529 instead. United Airlines 
states that because compliance is mandated in accordance with Boeing 
Service Bulletin 767-35A0034, this will require all operators to 
request an alternative method of compliance (AMOC) to use the alternate 
part numbered tape. United Airlines points out that it has formally 
asked Boeing to use the term ``or equivalent'' in their service 
bulletins when specifying part numbers for such items as tapes, marking 
pens, and solvents, but Boeing has responded that the FAA expressly 
forbids them to do so. United Airlines states that this is an on-going 
problem that leads to nuisance AMOC requests that can be avoided.
    From these statements, we infer that United Airlines requests that 
we revise the NPRM to either specify another tape or add the term ``or 
equivalent,'' so that operators will not have to request AMOCs. We 
disagree with adding the term ``or equivalent'' to the AD. We have 
consulted with Boeing regarding this issue. Boeing has stated that tape 
having part number 232T8002-26 is a valid part number. Boeing states 
that when the customer receives a part number, the tape only shows the 
material code. The omission of the part number is being resolved by 
Boeing. Also, paragraphs 2.C.2.(d) and 2.C.2.(e) of Boeing Service 
Bulletin 767-35A0034, Revision 1, dated June 22, 2000, describe the 
tape that is required and can be purchased from Boeing with just a 
reference to the name of the tape, ``3/4 wide Permacel P29.'' No change 
has been made to the AD in this regard.

Request for Clarification Regarding Use of Tape or Sleeving

    United Airlines states that there is a disparity between the 
Accomplishment Instructions of Boeing Service Bulletins 737-35A1053, 
747-35A2101, and 757-35A0015, and Boeing Service Bulletin 767-35A0034, 
Revision 1, dated June 22, 2000, referenced in the NPRM. United 
Airlines states that Model 747 and 767 airplanes are required to wrap 
the new hose assemblies with tape or sleeving, but it is not required 
on Model 737 or 757 airplanes. United Airlines states that the function 
of this tape or sleeving is to satisfy National Transportation Safety 
Board (NTSB) Safety Recommendation A-09-47, dated July 8, 2009. United 
Airlines points out that application of this safety recommendation does 
not appear to be consistent.
    From these statements, we infer that United Airlines requests 
clarification regarding use of tape or sleeving. We

[[Page 47181]]

agree that clarification is necessary regarding the use of tape or 
sleeving on oxygen system tubing. Tape or sleeving is not required on 
Model 737 or 757 fleets due to acceptable clearance between the oxygen 
system tubing and electrical wiring. The chafing present in the Model 
747 and 767 fleets is not present in the Model 737 or 757 fleet. No 
change has been made to the AD in this regard.

Request To Revise Costs of Compliance

    United Airlines states that it disagrees with the Costs of 
Compliance section of the NPRM, as it includes only the inspection 
labor and not the manpower and material costs in the event the hoses 
must be replaced.
    From this statement, we infer that United Airlines is requesting 
that we revise the Costs of Compliance section of the NPRM to include 
additional work hours and the cost of replacement parts. We disagree 
with changing the costs of compliance. The economic analysis of an AD 
is limited to the cost of actions that are actually required. The 
economic analysis does not consider the costs of conditional actions, 
such as replacing a flex-hose detected during a required inspection 
(``replace, if necessary''). Such conditional repairs would be 
required--regardless of AD direction--to correct an unsafe condition 
identified in an airplane and to ensure that the airplane is operated 
in an airworthy condition, as required by the Federal Aviation 
Regulations. The cost information describes only the direct costs of 
the specific actions required by this AD. Based on the best data 
available, the manufacturer provided the number of work-hours necessary 
to do the required actions. This number represents the time necessary 
to perform only the actions actually required by this AD. We recognize 
that, in doing the actions required by an AD, operators might incur 
incidental costs in addition to the direct costs. The cost analysis in 
AD rulemaking actions, however, typically does not include incidental 
costs such as the time required to gain access and close up. Those 
incidental costs, which might vary significantly among operators, are 
almost impossible to calculate. No change has been made to the AD in 
this regard.

Request To Shorten Compliance Time

    ALPA requests that the 36-month compliance time specified in the 
NPRM be shortened given the potential consequence of an oxygen-fed fire 
in the vicinity of the flightcrew station.
    We do not agree. In developing the compliance time, we considered 
the safety implications, parts availability, and normal maintenance 
schedules for timely accomplishment of the inspection. 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. 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 do the inspection before 36 months in order to accomplish the 
requirements of this AD. If additional data are presented that would 
justify a shorter compliance time, we may consider further rulemaking 
on this issue. We have not changed the 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 
the AD as proposed.

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 297 airplanes of U.S. 
registry. We also estimate that it will take 2 work-hours 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 $50,490, or $170 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:

2010-16-04 The Boeing Company: Amendment 39-16381. Docket No. FAA-
2010-0044; Directorate Identifier 2009-NM-084-AD.

Effective Date

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

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, 
and -300F

[[Page 47182]]

series airplanes, certificated in any category; line numbers 1 
through 763 inclusive, except line number 758, which was 
accomplished in production.

Subject

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

Unsafe Condition

    (e) This AD results from a report of a low-pressure flex-hose of 
the 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 systems 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 1 
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 systems can be 
conclusively determined from that review.
    (1) For any hose having a part number identified in Table 1 of 
this AD, before further flight, replace the hose with a new or 
serviceable part, in accordance with the Accomplishment Instructions 
of Boeing Service Bulletin 767-35A0034, Revision 1, dated June 22, 
2000.
    (2) For any hose not having a part number identified in Table 1 
of this AD, no further action is required by this paragraph.

                                        Table 1--Applicable Part Numbers
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                                                        Equivalent Boeing supplier part Nos.
                                   -----------------------------------------------------------------------------
   Boeing specification part No.                                                      Puritan
                                      Sierra Engineering       Spencer Fluid          Bennett        Hydraflow
----------------------------------------------------------------------------------------------------------------
60B50059-70.......................  835-01-70............  9513-20S5-18.0.......        ZH784-20        38001-70
60B50059-81.......................  Not applicable.......  Not applicable.......  Not applicable        38001-81
60B50059-94.......................  Not applicable.......  Not applicable.......  Not applicable        38001-94
60B50059-101......................  Not applicable.......  Not applicable.......  Not applicable       38001-101
60B50059-130......................  Not applicable.......  Not applicable.......  Not applicable       38001-130
----------------------------------------------------------------------------------------------------------------

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 1 of this AD on any airplane.

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 767-35A0034, dated 
September 2, 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: 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 767-35A0034, Revision 
1, dated June 22, 2000, 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. 2010-18623 Filed 8-4-10; 8:45 am]
BILLING CODE 4910-13-P
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