[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Proposed Rules]
[Pages 40735-40737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18164]


========================================================================
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. 82, No. 165 / Monday, August 28, 2017 / 
Proposed Rules

[[Page 40735]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0806; Product Identifier 2017-NM-064-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 787-8 and 787-9 airplanes. This proposed AD 
was prompted by a flight test report indicating that the crew oxygen 
masks in the flight deck did not deploy correctly. This proposed AD 
would require an inspection to determine whether any crew oxygen mask 
having a certain part number is installed at four locations in the 
flight deck, and replacing affected crew oxygen masks. We are proposing 
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 12, 
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may 
view this referenced service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on 
the availability of this material at the FAA, call 425-227-1221. It is 
also available on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2017-0806.

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-2017-
0806; 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 NPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Office (phone: 
800-647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Susan L. Monroe, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 1601 Lind Avenue SW., Renton, WA; phone: 425-917-6457; fax: 
425-917-6590; email: <a href="/cdn-cgi/l/email-protection#f0838583919ede9cde9d9f9e829f95b0969191de979f86"><span class="__cf_email__" data-cfemail="186b6d6b79763674367577766a777d587e7979367f776e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-0806; 
Product Identifier 2017-NM-064-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 a Model 787-8 flight test report indicating that 
the crew oxygen masks in the flight deck did not deploy correctly. When 
the crew oxygen masks were removed from the stowage boxes, the 
harnesses were stuck in the face masks. The harness could get caught in 
the oronasal mask or goggles and increase the time needed to don the 
crew oxygen mask. Removing the harness from the face mask required 
using two hands and exceeded the requirement for the flight crew to don 
the oxygen mask in 5 seconds. Model 787-8 and 787-9 airplanes use the 
same design for the crew oxygen masks. This mask removal condition, if 
not corrected, could lead to flight crew hypoxia and the loss of useful 
consciousness, possibly resulting in loss of control of the aircraft.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin B787-81205-SB350007-00, Issue 
001, dated May 9, 2017. The service information describes procedures 
for replacing the crew oxygen masks at four locations in the flight 
deck. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type designs.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions 
identified as ``RC'' (required for compliance) in the Accomplishment 
Instructions of Boeing Service Bulletin B787-81205-SB350007-00, Issue 
001, dated May 9, 2017, described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD.
    For information on the procedures and compliance times, see this 
service information at http://www.regulations.gov by searching for

[[Page 40736]]

and locating Docket No. FAA-2017-0806.
    For airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness issued on or before the 
effective date of this AD, this proposed AD requires an inspection to 
determine whether any crew oxygen mask having part number MLD20-626-1 
is installed, and replacement if necessary.

Differences Between This Proposed AD and the Service Information

    The proposed AD applicability differs from the service information 
due to rotability of parts. Because the affected parts are rotable 
parts, we have determined that these parts could later be installed on 
airplanes that were initially delivered with acceptable parts, thereby 
subjecting those airplanes to the unsafe condition. We have coordinated 
this difference with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 57 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection......................  1 work-hour x $85   $0................  $85...............  $4,845
                                   per hour = $85.
Replacement.....................  Up to 4 work-hours  Up to $36,800.....  Up to $37,140.....  Up to $2,116,980
                                   x $85 per hour =
                                   $340.
----------------------------------------------------------------------------------------------------------------

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

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),
    (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.

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

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):

The Boeing Company: Docket No. FAA-2017-0806; Product Identifier 
2017-NM-064-AD.

(a) Comments Due Date

    We must receive comments by October 12, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8 and 787-9 
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a flight test report indicating that the 
crew oxygen masks in the flight deck did not deploy correctly. We 
are issuing this AD to prevent the oxygen mask harness from getting 
caught in the oronasal mask or goggles, which may lead to flight 
crew hypoxia and the loss of useful consciousness, possibly 
resulting in loss of control of the aircraft.

(f) Compliance

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

(g) Oxygen Mask Inspection and Replacement

    For airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness issued on or before the 
effective date of this AD: Within 72 months after the effective date 
of this AD, do an inspection to determine whether any crew oxygen 
mask having part number (P/N) MLD20-626-1 is installed at the four 
locations identified in Boeing Service Bulletin B787-81205-SB350007-
00, Issue 001, dated May 9, 2017. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the part number 
of the crew oxygen mask can be conclusively determined from that 
review. If any crew oxygen mask having P/N MLD20-626-1 is found 
installed, within 72 months after the effective date of this AD, do 
all applicable actions identified as ``RC'' in, and in accordance 
with, the Accomplishment Instructions of Boeing Service Bulletin 
B787-81205-SB350007-00, Issue 001, dated May 9, 2017.

[[Page 40737]]

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
crew oxygen mask having P/N MLD20-626-1 on any airplane.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, 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 certification office, send it to the attention of the 
person identified in paragraph (j)(1) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#f5ccd8b4bbb8d8a6909481819990d8b4b6bad8b4b8bab6d8a790848090868186b5939494db929a83"><span class="__cf_email__" data-cfemail="f2cbdfb3bcbfdfa1979386869e97dfb3b1bddfb3bfbdb1dfa097838797818681b2949393dc959d84">[email protected]</span></a>.
    (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.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration 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 Branch, to make those findings. To be approved, 
the repair method, modification deviation, or alteration deviation 
must meet the certification basis of the airplane, and the approval 
must specifically refer to this AD.
    (4) For service information that contains steps that are labeled 
as RC, the provisions of paragraphs (i)(4)(i) and (i)(4)(ii) of this 
AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    (1) For more information about this AD, contact Susan L. Monroe, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 1601 Lind Avenue SW., Renton, WA; phone: 
425-917-6457; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#f1828482909fdf9ddf9c9e9f839e94b1979090df969e87"><span class="__cf_email__" data-cfemail="1e6d6b6d7f703072307371706c717b5e787f7f30797168">[email protected]</span></a>.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 1601 Lind Avenue 
SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on August 17, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-18164 Filed 8-25-17; 8:45 am]
 BILLING CODE 4910-13-P


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