Airworthiness Directives; The Boeing Company Model 737-200, -300, -400, and -500 Series Airplanes, 69040-69042 [E9-30902]
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69040
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Proposed Rules
external weeping and pressure loss from the
subject valves.
This condition, if not corrected, will cause
a loss of hydraulic fluid and subsequent loss
of spoiler and/or rudder control.
Revision 1 of this directive mandates a new
interval for the initial inspection, clarifies the
time for replacement of the valve(s) specified
in Paragraphs 1.2 and 2.2, and clarifies the
labeling of the inspected valves in Paragraph
3 of this directive.
Required actions include doing detailed
inspections of the left-hand and right-hand
spoiler unload and rudder shutoff valve for
leaking and weeping, replacing discrepant
left-hand and right-hand spoiler unload and
rudder shutoff valves with new or serviceable
valves, and eventually replacing all valves
having a certain part number.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
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.
Actions
(g) Do the actions in paragraphs (g)(1),
(g)(2), and (g)(3) of this AD, as applicable.
(1) For airplanes having serial numbers
4105 through 4172 inclusive: Within 750
flight hours after the effective date of this AD,
do a detailed inspection of the left-hand and
right-hand spoiler unload valves having part
number (P/N) 396000–1005 for leaking and
weeping, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 84–27–37, dated February 5,
2009.
(i) If any leaking or weeping is found, prior
to further flight, replace the affected spoiler
unload valve with a new or serviceable valve,
in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
84–27–37, dated February 5, 2009.
(ii) If no leaking and no weeping are found,
replace the valves with new or serviceable
valves within 6,000 flight hours after the
initial inspection required by paragraph (g)(1)
of this AD, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 84–27–37, dated February 5,
2009.
(2) For airplanes having serial numbers
4113 through 4179 inclusive: Within 750
flight hours after the effective date of this AD,
do a detailed inspection of the left-hand and
right-hand rudder shutoff valves having P/N
412700–1001 for leaking and weeping, in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
84–27–39, dated February 5, 2009.
(i) If any leaking or weeping is found, prior
to further flight, replace the affected rudder
shutoff valve with a new or serviceable valve,
in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
84–27–39, dated February 5, 2009.
(ii) If no leaking and no weeping are found,
replace the valves with new or serviceable
valves within 6,000 flight hours after the
initial inspection required by paragraph (g)(2)
of this AD, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 84–27–39, dated February 5,
2009.
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15:37 Dec 29, 2009
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(3) As of the effective date of this AD, no
person may install a spoiler unload valves
assembly having (P/N) 396000–1005, having
a serial number 0289 through 0424 inclusive,
or rudder shutoff valve having (P/N) 412700–
1001, having a serial number from 0239
through 0384 inclusive, on any airplane,
unless the valve has been inspected by the
manufacturer and labeled with a suffix ‘‘A’’
after the serial number.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(h) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, 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:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York,
11590; telephone 516–228–7300; fax 516–
794–5531. 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.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(i) Refer to MCAI Canadian Airworthiness
Directive CF–2009–25R1, dated July 23,
2009; Bombardier Service Bulletin 84–27–37,
dated February 5, 2009; and Bombardier
Service Bulletin 84–27–39, dated February 5,
2009; for related information.
Issued in Renton, Washington, on
December 21, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–30905 Filed 12–29–09; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–1224; Directorate
Identifier 2009–NM–118–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 737–200, –300, –400,
and –500 Series Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: The FAA proposes to
supersede an existing airworthiness
directive (AD) that applies to certain
Model 737–300, –400, and –500 series
airplanes. The existing AD currently
requires an inspection to determine the
manufacturer and manufacture date of
the oxygen masks in the passenger
service unit and the lavatory and
attendant box assemblies, corrective
action if necessary, and other specified
action. This proposed AD would expand
the applicability in the existing AD.
This AD results from a determination
indicating that additional airplanes may
be subject to the identified unsafe
condition. We are proposing this AD to
prevent the in-line flow indicators of the
passenger oxygen masks from fracturing
and separating, which could inhibit
oxygen flow to the masks and
consequently result in exposure of the
passengers and cabin attendants to
hypoxia following a depressurization
event.
DATES: We must receive comments on
this proposed AD by February 16, 2010.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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,
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Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Proposed Rules
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.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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–2009–1224; Directorate Identifier
2009–NM–118–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 https://
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
On March 9, 2008, we issued AD
2008–06–24, Amendment 39–15436 (73
FR 14666, March 19, 2008), for certain
Model 737–300, –400, and –500 series
airplanes. That AD requires an
inspection to determine the
VerDate Nov<24>2008
15:37 Dec 29, 2009
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manufacturer and manufacture date of
the oxygen masks in the passenger
service unit and the lavatory and
attendant box assemblies, corrective
action if necessary, and other specified
actions. That AD resulted from a report
that several passenger masks with
broken in-line flow indicators were
found following a mask deployment. We
issued that AD to prevent the in-line
flow indicators of the passenger oxygen
masks from fracturing and separating,
which could inhibit oxygen flow to the
masks and consequently result in
exposure of the passengers and cabin
attendants to hypoxia following a
depressurization event.
Actions Since Existing AD Was Issued
Since we issued AD 2008–06–24, we
have determined that the oxygen masks
on the affected Model 737–300, –400,
and –500 series airplanes have the same
flow indicators as those installed on
certain Model 737–200 series airplanes;
therefore, Model 737–200 series
airplanes may be also subject to the
identified unsafe condition.
Relevant Service Information
We have reviewed Boeing Special
Attention Service Bulletin 737–35–
1099, Revision 1, dated April 23, 2009.
The specified actions are essentially
identical to those specified in Boeing
Special Attention Service Bulletin 737–
35–1099, dated April 9, 2007 (which we
cited in the existing AD). Revision 1 of
Boeing Special Attention Service
Bulletin 737–35–1099 expands the
effectivity of the service bulletin by
adding Model 737–200 series airplanes
that may have been delivered with B/E
Aerospace oxygen assemblies, identified
in B/E Aerospace Service Bulletin
174080–35–01, before January 1, 2002,
and that have had the oxygen mask
assemblies replaced with assemblies
manufactured between January 1, 2002,
and March 1, 2006. B/E Aerospace
Service Bulletin 174080–35–01 was
referred to in the existing AD as an
additional source of guidance for
modifying the oxygen mask assembly.
FAA’s Determination and Requirements
of the Proposed AD
We have evaluated all pertinent
information and identified an unsafe
condition that is likely to develop on
other products of the same type design.
For this reason, we are proposing this
AD, which would supersede AD 2008–
06–24 and would retain the
requirements of the existing AD. This
proposed AD would expand the
applicability to include Model 737–200
series airplanes.
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69041
Costs of Compliance
There are about 1,981 airplanes of the
affected design in the worldwide fleet.
This proposed AD would affect about
666 airplanes of U.S. registry.
The actions that are required by AD
2008–06–24 and retained in this
proposed AD affect about 646 airplanes
of U.S. registry. The required actions
take about 16 work hours per airplane,
for an average of 180 oxygen masks per
airplane distributed in about 45 PSUs/
oxygen boxes, at an average labor rate of
$80 per work hour. Required parts cost
about $6 per oxygen mask, or $1,080 per
airplane. Based on these figures, the
estimated cost of the existing AD for
U.S. operators is $1,524,560, or $2,360
per airplane.
This proposed AD would be
applicable to approximately 20
additional airplanes. Based on the
figures discussed above, we estimate the
costs for the additional airplanes
imposed by this proposed AD on U.S.
operators to be $47,200, or $2,360 per
airplane. This figure is based on
assumptions that no operator of these
additional airplanes has yet done any of
the proposed requirements of this AD,
and that no operator would do those
actions in the future if this AD were not
adopted.
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 have 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
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Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Proposed Rules
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket. See the ADDRESSES section
for a location to examine the regulatory
evaluation.
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
removing Amendment 39–15436 (73 FR
14666, March 19, 2008) and adding the
following new AD:
The Boeing Company: Docket No. FAA–
2009–1224; Directorate Identifier 2009–NM–
118–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by February 16, 2010.
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Affected ADs
(b) This AD supersedes AD 2008–06–24,
Amendment 39–15436.
Applicability
(c) This AD applies to The Boeing
Company Model 737–200, –300, –400, and
–500 series airplanes, certificated in any
category; as identified in Boeing Special
Attention Service Bulletin 737–35–1099,
Revision 1, dated April 23, 2009.
Subject
(d) Air Transport Association (ATA) of
America Code 35: Oxygen.
Unsafe Condition
(e) The existing AD results from a report
of a sudden decrease in cabin pressure and
deployment of the passenger oxygen mask
VerDate Nov<24>2008
15:37 Dec 29, 2009
Jkt 220001
assemblies; several masks had broken in-line
flow indicators. The Federal Aviation
Administration is issuing this AD to prevent
the in-line flow indicators of the passenger
oxygen masks from fracturing and separating,
which could inhibit oxygen flow to the
masks and consequently result in exposure of
the passengers and cabin attendants to
hypoxia following a depressurization event.
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.
Restatement of Requirements of AD 2008–
06–24, with New Service Information
Inspection and Related Investigative/
Corrective Actions if Necessary
(g) For airplanes identified in Boeing
Special Attention Service Bulletin 737–35–
1099, dated April 9, 2007: Within 60 months
after April 23, 2008 (the effective date of AD
2008–06–24), do a general visual inspection
to determine the manufacturer and
manufacture date of the oxygen masks in the
passenger service unit and the lavatory and
attendant box assemblies, and do the
applicable corrective action and other
specified action, by accomplishing all of the
applicable actions specified in the
Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737–35–
1099, dated April 9, 2007; or Revision 1,
dated April 23, 2009; except where the
service bulletin specifies repairing the
oxygen mask assembly, replace it with a new
or modified oxygen mask assembly having an
improved flow indicator. The corrective
action and other specified action must be
done before further flight. As of the effective
date of this AD, use only Revision 1 of
Boeing Special Attention Service Bulletin
737–35–1099.
New Requirements of This AD
Inspection and Related Investigative/
Corrective Actions if Necessary
(h) For airplanes other than those
identified in paragraph (g) of this AD: Within
60 months after the effective date of this AD,
do a general visual inspection to determine
the manufacturer and manufacture date of
the oxygen masks in the passenger service
unit and the lavatory and attendant box
assemblies, and do the applicable corrective
action and other specified action, by
accomplishing all of the applicable actions
specified in the Accomplishment
Instructions of Boeing Special Attention
Service Bulletin 737–35–1099, Revision 1,
dated April 23, 2009; except where the
service bulletin specifies repairing the
oxygen mask assembly, replace it with a new
or modified oxygen mask assembly having an
improved flow indicator. The corrective
action and other specified action must be
done before further flight.
Note 1: Boeing Special Attention Service
Bulletin 737–35–1099, dated April 9, 2007;
and Revision 1, dated April 23, 2009; refer
to B/E Aerospace Service Bulletin 174080–
35–01, dated February 6, 2006; Revision 1,
dated May 1, 2006; and Revision 2, dated
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May 28, 2008; as additional sources of
guidance for modifying the oxygen mask
assembly by replacing the flow indicator
with an improved flow indicator.
Parts Installation
(i) As of the effective date of this AD, no
person may install a B/E Aerospace oxygen
mask assembly having a part number in the
174080 series or 174095 series with a
manufacturing date after January 1, 2002, and
before March 1, 2006, on any airplane, unless
it has been modified in accordance with the
requirements of paragraph (g) or (h) of this
AD.
Credit for Actions Done In Accordance With
Previous Issue of the Service Bulletin
(j) Actions done before the effective date of
this AD, in accordance with Boeing Special
Attention Service Bulletin 737–35–1099,
dated April 9, 2007, are acceptable for
compliance with the requirements of
paragraph (g) of this AD.
Alternative Methods of Compliance (AMOCs)
(k)(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 Aircraft
Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356; telephone
(425) 917–6457; fax (425) 917–6590. Or, email information to 9-ANM-Seattle-ACOAMOC-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 an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who 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.
Issued in Renton, Washington, on
December 21, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–30902 Filed 12–29–09; 8:45 am]
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Agencies
[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Proposed Rules]
[Pages 69040-69042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30902]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1224; Directorate Identifier 2009-NM-118-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 737-200, -300,
-400, and -500 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain Model 737-300, -400, and -500
series airplanes. The existing AD currently requires an inspection to
determine the manufacturer and manufacture date of the oxygen masks in
the passenger service unit and the lavatory and attendant box
assemblies, corrective action if necessary, and other specified action.
This proposed AD would expand the applicability in the existing AD.
This AD results from a determination indicating that additional
airplanes may be subject to the identified unsafe condition. We are
proposing this AD to prevent the in-line flow indicators of the
passenger oxygen masks from fracturing and separating, which could
inhibit oxygen flow to the masks and consequently result in exposure of
the passengers and cabin attendants to hypoxia following a
depressurization event.
DATES: We must receive comments on this proposed AD by February 16,
2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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,
[[Page 69041]]
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 https://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-2009-1224;
Directorate Identifier 2009-NM-118-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 https://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
On March 9, 2008, we issued AD 2008-06-24, Amendment 39-15436 (73
FR 14666, March 19, 2008), for certain Model 737-300, -400, and -500
series airplanes. That AD requires an inspection to determine the
manufacturer and manufacture date of the oxygen masks in the passenger
service unit and the lavatory and attendant box assemblies, corrective
action if necessary, and other specified actions. That AD resulted from
a report that several passenger masks with broken in-line flow
indicators were found following a mask deployment. We issued that AD to
prevent the in-line flow indicators of the passenger oxygen masks from
fracturing and separating, which could inhibit oxygen flow to the masks
and consequently result in exposure of the passengers and cabin
attendants to hypoxia following a depressurization event.
Actions Since Existing AD Was Issued
Since we issued AD 2008-06-24, we have determined that the oxygen
masks on the affected Model 737-300, -400, and -500 series airplanes
have the same flow indicators as those installed on certain Model 737-
200 series airplanes; therefore, Model 737-200 series airplanes may be
also subject to the identified unsafe condition.
Relevant Service Information
We have reviewed Boeing Special Attention Service Bulletin 737-35-
1099, Revision 1, dated April 23, 2009. The specified actions are
essentially identical to those specified in Boeing Special Attention
Service Bulletin 737-35-1099, dated April 9, 2007 (which we cited in
the existing AD). Revision 1 of Boeing Special Attention Service
Bulletin 737-35-1099 expands the effectivity of the service bulletin by
adding Model 737-200 series airplanes that may have been delivered with
B/E Aerospace oxygen assemblies, identified in B/E Aerospace Service
Bulletin 174080-35-01, before January 1, 2002, and that have had the
oxygen mask assemblies replaced with assemblies manufactured between
January 1, 2002, and March 1, 2006. B/E Aerospace Service Bulletin
174080-35-01 was referred to in the existing AD as an additional source
of guidance for modifying the oxygen mask assembly.
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other products of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2008-06-24 and would retain the requirements of the
existing AD. This proposed AD would expand the applicability to include
Model 737-200 series airplanes.
Costs of Compliance
There are about 1,981 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 666 airplanes of
U.S. registry.
The actions that are required by AD 2008-06-24 and retained in this
proposed AD affect about 646 airplanes of U.S. registry. The required
actions take about 16 work hours per airplane, for an average of 180
oxygen masks per airplane distributed in about 45 PSUs/oxygen boxes, at
an average labor rate of $80 per work hour. Required parts cost about
$6 per oxygen mask, or $1,080 per airplane. Based on these figures, the
estimated cost of the existing AD for U.S. operators is $1,524,560, or
$2,360 per airplane.
This proposed AD would be applicable to approximately 20 additional
airplanes. Based on the figures discussed above, we estimate the costs
for the additional airplanes imposed by this proposed AD on U.S.
operators to be $47,200, or $2,360 per airplane. This figure is based
on assumptions that no operator of these additional airplanes has yet
done any of the proposed requirements of this AD, and that no operator
would do those actions in the future if this AD were not adopted.
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 have 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
[[Page 69042]]
responsibilities among the various levels of government.
For the reasons discussed above, I certify that the 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.
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 removing Amendment 39-15436 (73 FR
14666, March 19, 2008) and adding the following new AD:
The Boeing Company: Docket No. FAA-2009-1224; Directorate Identifier
2009-NM-118-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by February
16, 2010.
Affected ADs
(b) This AD supersedes AD 2008-06-24, Amendment 39-15436.
Applicability
(c) This AD applies to The Boeing Company Model 737-200, -300, -
400, and -500 series airplanes, certificated in any category; as
identified in Boeing Special Attention Service Bulletin 737-35-1099,
Revision 1, dated April 23, 2009.
Subject
(d) Air Transport Association (ATA) of America Code 35: Oxygen.
Unsafe Condition
(e) The existing AD results from a report of a sudden decrease
in cabin pressure and deployment of the passenger oxygen mask
assemblies; several masks had broken in-line flow indicators. The
Federal Aviation Administration is issuing this AD to prevent the
in-line flow indicators of the passenger oxygen masks from
fracturing and separating, which could inhibit oxygen flow to the
masks and consequently result in exposure of the passengers and
cabin attendants to hypoxia following a depressurization event.
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.
Restatement of Requirements of AD 2008-06-24, with New Service
Information
Inspection and Related Investigative/Corrective Actions if
Necessary
(g) For airplanes identified in Boeing Special Attention Service
Bulletin 737-35-1099, dated April 9, 2007: Within 60 months after
April 23, 2008 (the effective date of AD 2008-06-24), do a general
visual inspection to determine the manufacturer and manufacture date
of the oxygen masks in the passenger service unit and the lavatory
and attendant box assemblies, and do the applicable corrective
action and other specified action, by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-35-1099, dated April
9, 2007; or Revision 1, dated April 23, 2009; except where the
service bulletin specifies repairing the oxygen mask assembly,
replace it with a new or modified oxygen mask assembly having an
improved flow indicator. The corrective action and other specified
action must be done before further flight. As of the effective date
of this AD, use only Revision 1 of Boeing Special Attention Service
Bulletin 737-35-1099.
New Requirements of This AD
Inspection and Related Investigative/Corrective Actions if
Necessary
(h) For airplanes other than those identified in paragraph (g)
of this AD: Within 60 months after the effective date of this AD, do
a general visual inspection to determine the manufacturer and
manufacture date of the oxygen masks in the passenger service unit
and the lavatory and attendant box assemblies, and do the applicable
corrective action and other specified action, by accomplishing all
of the applicable actions specified in the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-35-
1099, Revision 1, dated April 23, 2009; except where the service
bulletin specifies repairing the oxygen mask assembly, replace it
with a new or modified oxygen mask assembly having an improved flow
indicator. The corrective action and other specified action must be
done before further flight.
Note 1: Boeing Special Attention Service Bulletin 737-35-1099,
dated April 9, 2007; and Revision 1, dated April 23, 2009; refer to
B/E Aerospace Service Bulletin 174080-35-01, dated February 6, 2006;
Revision 1, dated May 1, 2006; and Revision 2, dated May 28, 2008;
as additional sources of guidance for modifying the oxygen mask
assembly by replacing the flow indicator with an improved flow
indicator.
Parts Installation
(i) As of the effective date of this AD, no person may install a
B/E Aerospace oxygen mask assembly having a part number in the
174080 series or 174095 series with a manufacturing date after
January 1, 2002, and before March 1, 2006, on any airplane, unless
it has been modified in accordance with the requirements of
paragraph (g) or (h) of this AD.
Credit for Actions Done In Accordance With Previous Issue of the
Service Bulletin
(j) Actions done before the effective date of this AD, in
accordance with Boeing Special Attention Service Bulletin 737-35-
1099, dated April 9, 2007, are acceptable for compliance with the
requirements of paragraph (g) of this AD.
Alternative Methods of Compliance (AMOCs)
(k)(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 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.
(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 an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who 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.
Issued in Renton, Washington, on December 21, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-30902 Filed 12-29-09; 8:45 am]
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