3662 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules 

Comments Due Date 

(a) We must receive comments by March 8, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all The Boeing 

Company Model 757–200, –200PF, –200CB, 

and –300 series airplanes, certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Unsafe Condition 

(e) This AD results from reports of cracking 

at the front spar lower chord at the four 

fastener locations common to the side link 

support fitting at wing station (WS) 292. The 

Federal Aviation Administration is issuing 

this AD to detect and correct such cracking 

and corrosion, which, if not corrected, could 

grow and result in structural failure of the 

spar. 

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. 

Inspect for Cracking and Corrosion 

(g) At the later of the times in paragraphs 

(g)(1) and (g)(2) of this AD, do ultrasonic and 

general visual inspections for cracking and 

corrosion of the front spar lower chord at the 

four fastener locations common to the side 

link support fitting at WS 292, in accordance 

with the Accomplishment Instructions of 

Boeing Special Attention Service Bulletin 

757–57–0065, dated May 14, 2009. Where 

Boeing Special Attention Service Bulletin 

757–57–0065, dated May 14, 2009, specifies 

a compliance time ‘‘after the date on this 

service bulletin,’’ this AD requires 

compliance at the specified time after the 

effective date of this AD. Repeat the 

inspection thereafter at intervals not to 

exceed 12,000 flight cycles. 

(1) At the applicable time specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Special Attention Service Bulletin 757–57– 

0065, dated May 14, 2009. 

(2) Within 12,000 flight cycles after doing 

the modification of the nacelle and wing 

structure in accordance with Boeing Service 

Bulletin 757–54–0034 or Boeing Service 

Bulletin 757–54–0035. 

(h) If any cracking or corrosion is found 

during any inspection required by this AD: 

Before further flight, repair the cracking or 

corrosion using a method approved in 

accordance with the procedures specified in 

paragraph (i) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(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: Chris 

Hartman, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle Aircraft 

Certification Office (ACO), 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6432; fax (425) 

917–6590. Or, e-mail information to 9-ANMSeattle-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. 

(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 Organization 

Designation Authorization (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. 

Issued in Renton, Washington, on 

January 14, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–1137 Filed 1–21–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0046; Directorate 

Identifier 2009–NM–086–AD] 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Model 737–300, –400, –500, –600, –700, 

and –800 series airplanes. This 

proposed AD would require inspecting 

to verify the part number of the lowpressure 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 flexhose if necessary. This proposed 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 proposing 

this AD to prevent inadvertent electrical 

current, which can cause the lowpressure flex-hoses of the crew oxygen 

system to melt or burn, causing oxygen 

system leakage and smoke or fire. 

DATES: We must receive comments on 

this proposed AD by March 8, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• 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. 

• 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 

me.boecom@boeing.com; 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 ACO, 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 


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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules 3663 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0046; Directorate Identifier 

2009–NM–086–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 lowpressure flex-hoses of the crew oxygen 

system that burned through due to 

inadvertent electrical current from a 

short circuit in the audio select panel on 

a Model 757 airplane. An electrical 

current went through the support 

structure to the flight crew mask 

stowage box and through the lowpressure oxygen hose. 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 result in the lowpressure flex-hose of the crew oxygen 

system to melt or burn, causing oxygen 

system leakage and smoke or fire. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin 737–35A1053, Revision 1, 

dated June 1, 2000; and Boeing Service 

Bulletin 737–35A1058, Revision 1, 

dated June 1, 2000. The service bulletins 

describe procedures for replacing the 

existing low-pressure flex-hoses of the 

crew oxygen system installed under the 

oxygen mask stowage boxes in the flight 

deck with new non-conductive lowpressure 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.’’ 

Differences Between the Proposed AD 

and the Service Bulletins 

Although Boeing Service Bulletins 

737–35A1053, Revision 1; and 737– 

35A1058, Revision 1; both dated June 1, 

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. 

Other Rulemaking 

The oxygen mask installations on 

certain Boeing Company Model 747, 

757, and 767 airplanes are almost 

identical to those on the affected Model 

737 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 Model 747, 757, and 767 

airplanes. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 851 airplanes of U.S. 

registry. We also estimate that it would 

take about 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 $68,080, 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

The Boeing Company: Docket No. FAA– 

2010–0046; Directorate Identifier 2009– 

NM–086–AD. 

Comments Due Date 

(a) We must receive comments by March 8, 

2010. 

Affected ADs 

(b) None. 


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3664 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules 

1 The original regulations exempted utilitarian 

items such as hats or other personal items. The 

exemption was challenged, and the Court of 

Appeals for the District of Columbia ordered the 

Commission to delete the exemption. Public Citizen 

v. FTC, 869 F. 2d 1541 (D.C. Cir. 1989), aff’g, 688 

F. Supp. 667 (D.D.C. 1988). As a result, the 

Commission amended its regulations to include 

provisions for the rotation and display of the 

statutory warnings on utilitarian items. 56 FR 11654 

(Mar. 20, 1991). 

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 lowpressure 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 flexhose of the crew oxygen system installed 

under the oxygen mask stowage box in the 

flight deck 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 lowpressure 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 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 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 of this AD no further 

action is required by this paragraph. 

TABLE 1—APPLICABLE PART NUMBERS

Boeing specification part number 

Equivalent Boeing supplier part numbers 

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 

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 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 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 

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 9-ANMSeattle-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. 

Issued in Renton, Washington, on January 

8, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–1176 Filed 1–21–10; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 307 

Request for Comments Concerning 

Regulations Implementing the 

Comprehensive Smokeless Tobacco 

Health Education Act of 1986; 

Termination of Regulatory Review 

AGENCY: Federal Trade Commission. 

ACTION: Notice of Termination of 

Regulatory Rule Review. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

has terminated the regulatory review of 

its regulations (‘‘smokeless tobacco 

regulations’’), implementing the 

Comprehensive Smokeless Tobacco 

Health Education Act of 1986 

(‘‘Smokeless Tobacco Act’’). 

EFFECTIVE DATE: December 3, 2009. 

ADDRESSES: Requests for copies of this 

notice should be sent to the Consumer 

Response Center, Room 130, Federal 

Trade Commission, 600 Pennsylvania 

Ave., NW, Washington, DC 20580. The 

notice also is available on the Internet 

on the Commission’s Web site, (http:// 

www.ftc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Shira Modell, Division of Advertising 

Practices, Bureau of Consumer 

Protection, Federal Trade Commission, 

600 Pennsylvania Ave., NW., 

Washington, DC 20580, 202-326-3116. 

SUPPLEMENTARY INFORMATION: In 1986, 

Congress enacted the Smokeless 

Tobacco Act, requiring manufacturers, 

importers, and packagers of smokeless 

tobacco products to display on a 

rotating basis one of three statutory 

health warnings on product packages 

and in most advertising (other than 

billboards). The 1986 Smokeless 

Tobacco Act also directed the FTC to 

issue implementing regulations 

governing the format and display of the 

health warnings. The Commission 

issued its smokeless tobacco regulations 

on November 4, 1986.1 51 FR 40015. 

The Smokeless Tobacco Act also 

directed the FTC to review and approve, 


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