Airworthiness Directives; The Boeing Company Model 757 Airplanes, 15328-15331 [2010-5857]

Download as PDF 15328 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations (1) For RB211–Trent 500 series turbofan engines, replace the FOHE P/N 55027001–1 or 55027001–11, with an FOHE that incorporates the modifications specified in Rolls-Royce plc Alert Service Bulletin (ASB) No. RB.211–79–AG346, dated October 23, 2009. (2) For RB211–Trent 700 series turbofan engines, replace the FOHE, P/N 55003001–1 or 55003001–11, with an FOHE that incorporates the modifications specified in Rolls-Royce plc ASB No. RB.211–79–AG338, Revision 1, dated December 2, 2009. (f) For RB211–Trent 800 series turbofan engines, unless already done, replace the FOHE, P/N 55003001–1 or 55003001–11, with an FOHE that incorporates the modifications specified in Rolls-Royce plc ASB No. RB.211–79–AG257, Revision 1, dated September 14, 2009 within 6,000 flight hours from January 4, 2010 (the effective date of FAA AD 2009–24–05), or before January 1, 2011, whichever comes first. Previous Credit FAA AD Differences (g) This AD differs from the Mandatory Continuing Airworthiness Information (MCAI) by requiring replacing the FOHE within 6,000 flight hours after the effective date of this AD for RB211–Trent 500 and RB211–Trent 700 series turbofan engines or January 4, 2010 for RB211–Trent 800 series turbofan engines, rather than within 6,000 flight hours from July 10, 2009. Related Information (h) For RB211–Trent 700 series engines, replacement of the FOHE with an FOHE that incorporates the modifications specified in Rolls-Royce plc ASB No. RB.211–79–AG338, dated September 29, 2009, complies with the replacement requirement specified in paragraph (e)(2) of this AD. (i) For RB211–Trent 800 series engines, replacement of the FOHE with an FOHE that incorporates the modifications specified in Rolls-Royce plc ASB No. RB.211–79–AG257, dated June 24, 2009, complies with the replacement requirement specified in paragraph (f) of this AD. Alternative Methods of Compliance (AMOCs) (j) The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. (k) Refer to European Aviation Safety Agency MCAI AD 2009–0142, dated July 13, 2009, and MCAI AD 2009–0257, dated December 3, 2009, for related information. (l) Contact James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: james.lawrence@faa.gov; telephone (781) 238–7176; fax (781) 238– 7199, for more information about this AD. Material Incorporated by Reference (m) You must use the service information specified in Table 1 of this AD to perform the FOHE modifications required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of Rolls-Royce plc Alert Service Bulletin No. RB.211–79–AG346, dated October 23, 2009, and Rolls-Royce plc Alert Service Bulletin No. RB. 211–79–AG338, Revision 1, dated December 2, 2009 under 5 U.S.C. 552(a) and 1 CFR part 51. (2) The Director of the Federal Register previously approved the incorporation by reference of Rolls-Royce plc ASB No. RB.211–79–AG257, Revision 1, dated September 14, 2009, as of January 4, 2010. (3) For service information identified in this AD, contact Rolls-Royce plc, P.O. Box 31, DERBY, DE24 8BJ, UK; telephone 44 (0) 1332 242424; fax 44 (0) 1332 249936. (4) You may review copies at the FAA, New England Region, 12 New England Executive Park, Burlington, MA; or 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: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. TABLE 1—MATERIAL INCORPORATED BY REFERENCE Rolls-Royce plc Alert Service Bulletin No. Page RB.211–79–AG346. Total Pages: 28. RB.211–79–AG338. Total Pages: 25. RB.211–79–AG257 ............................................................ Issued in Burlington, Massachusetts, on March 17, 2010. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 2010–6311 Filed 3–26–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 PWALKER on DSK8KYBLC1PROD with RULES [Docket No. FAA–2009–0795; Directorate Identifier 2009–NM–083–AD; Amendment 39–16242; AD 2010–06–17] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Model 757 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. VerDate Nov<24>2008 15:58 Mar 26, 2010 Jkt 220001 Revision All ........................................ Original ................................ October 23, 2009. All ........................................ All ........................................ 1 .......................................... 1 .......................................... December 2, 2009. September 14, 2009. SUMMARY: We are adopting a new airworthiness directive (AD) for certain Model 757 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 a flightcrew and supernumerary oxygen mask location, and replacing with a new nonconductive low-pressure flex-hose of the oxygen system if necessary. This AD results from reports of a low-pressure flex-hose of a flightcrew oxygen system that burned through due to inadvertent electrical current from a short circuit in an adjacent audio select panel. We are issuing this AD to prevent inadvertent electrical current, which can cause the low-pressure flex-hose of a flightcrew or supernumerary oxygen system to melt or burn, resulting in oxygen system leakage and smoke or fire. DATES: This AD is effective May 3, 2010. The Director of the Federal Register approved the incorporation by reference PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Date of certain publications listed in the AD as of May 3, 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 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 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 E:\FR\FM\29MRR1.SGM 29MRR1 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Nicholas Wilson, 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) 917–6476; 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 757 airplanes. That NPRM was published in the Federal Register on September 29, 2009 (74 FR 49827). 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 a flightcrew and supernumerary oxygen mask location, and replacing with a new nonconductive low-pressure flex-hose of the oxygen system if necessary. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received from the six commenters. PWALKER on DSK8KYBLC1PROD with RULES Support for the NPRM Boeing, Air Line Pilots Association, International (ALPA), and the National Transportation Safety Board (NTSB) support the NPRM. Request To Withdraw NPRM American Airlines states that the NPRM is unnecessary and should be retracted. The commenter states that, given the Boeing compliance recommendation of ‘‘earliest opportunity when manpower, material and facilities are available,’’ risk analysis for the unsafe condition was found to be below the extremely improbable threshold. The commenter states that the NPRM would affect 102 of its airplanes, all of which have been modified to preclude the unsafe condition. The commenter also states that, of the 485 airplanes affected by the NPRM, it has mitigated the risk on 25 percent of the U.S. fleet. The commenter states that the three other large U.S. operators have also incorporated Boeing Service Bulletin 757–35A0015, Revision 2, dated June 15, 2000. The commenter states that this combined effort has substantially addressed the U.S. fleet and reduced the risk probabilities even VerDate Nov<24>2008 15:58 Mar 26, 2010 Jkt 220001 further. The commenter also states that it has put procedures in place to preclude reintroducing the unsafe condition. The commenter also states that, since Boeing Service Bulletin 757– 35A0015, dated September 2, 1999, was issued 10 years ago, the FAA appears to agree that at least 13 years is an appropriate interval of time in which the affected airplanes could continue to operate without compromising safety. The commenter states that the compliance period appears arbitrary and is not based on accepted risk assessment practices. We do not agree to withdraw the NPRM. Sufficient information exists to demonstrate that our risk analysis for the unsafe condition is adequate in determining the compliance times required in this AD. We acknowledge that American Airlines has been proactive in compliance with the requirements of this AD; however, not every operator has been quite as proactive. According to various bilateral airworthiness agreements with countries around the world, we are obligated to advise other civil airworthiness authorities of unsafe conditions identified in products manufactured in the United States. The issuance of ADs is the means by which we satisfy this obligation. Even if the current U.S.registered fleet is in compliance with the requirements of the AD, the issuance of the rule is still necessary to ensure that any affected airplane imported and placed on the U.S. register in the future will be required to be in compliance as well. The manufacturer has advised us that not all of the affected airplanes worldwide have been modified. Issuance of this AD will ensure that the airplanes are modified before they are permitted to operate in the U.S. We have not changed the AD in this regard. Request To Allow a One-time Ferry Flight FedEx requests that a one-time ferry flight to a maintenance base be allowed for airplanes in a non-compliant configuration due to being in storage. FedEx states that a ferry flight would be required after the 36-month compliance date. We partially agree with the request for a one-time ferry flight. We agree with allowing special flight permits for the purpose of flying the airplane to a repair facility to do the work required by this AD. However, we disagree with revising this AD to specifically state that special flight permits are approved for this purpose. Special flight permits are currently allowed under section 39.23 of the Federal Aviation Regulations (14 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 15329 CFR 39.23). No change has been made to the AD in this regard. Request That Visual Inspections for the Part Number Not Be Required if Previously Done Northwest Airlines requests that visual inspections for part numbers of the low-pressure oxygen flex hose not be required if the airline has previously complied with Boeing Service Bulletin 757–35A0015, Revision 2, dated June 15, 2000. The commenter provided no further justification for this request. We agree that the visual inspection of the hose is not necessary if the operator has previously accomplished the actions specified in Boeing Service Bulletin 757–35A0015, Revision 2, dated June 15, 2000. Paragraph (f) of this AD states that the required actions must be done within the specified compliance times, ‘‘* * * unless the actions have already been done.’’ This AD does not require that the actions be redone if they were done before the effective date of the AD. No change to the AD is necessary in this regard. Request To Reduce Proposed Compliance Time ALPA requests a shorter compliance time. ALPA states that the 36-month inspection and replacement interval is too long due to a high degree of risk imposed on passengers and crew. We do not agree. In developing an appropriate compliance time, we considered the safety implications, parts availability, and normal maintenance schedules for timely accomplishment of inspecting the low-pressure flex-hoses of the flightcrew and supernumerary oxygen system. Further, we arrived at the proposed compliance time with operator and manufacturer concurrence. In consideration of all of these factors, we determined that the compliance time, as proposed, represents an appropriate interval in which the inspection and replacement can be accomplished 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 replace the oxygen hose before 36 months after the effective date of this AD in order to accomplish the requirements of this AD. If additional data are presented that would justify a shorter compliance time, we might consider further rulemaking on this issue. We have not changed the AD in this regard. E:\FR\FM\29MRR1.SGM 29MRR1 15330 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations PWALKER on DSK8KYBLC1PROD with RULES Request To Revise Applicability To Include Manufacturers of Other Airplanes With Similar Low-Pressure Oxygen Hoses Although the NTSB fully supports the NPRM, the NTSB states that because the risk of fire from electrically conductive hoses is not restricted to Boeing models, the FAA should widen the inspection and replacement of oxygen hoses beyond the airplanes cited in the NPRM. The NTSB notes that the NPRM and the future rules mentioned in the NPRM would apply only to Boeing airplanes. The NTSB states that suppliers provide other airplane manufacturers with lowpressure oxygen hoses that are nearly identical to those that the NPRM seeks to identify and replace. From these statements, we infer the NTSB is requesting that we revise the NPRM to add other airplane models to the applicability of the NPRM. We agree that suspect low-pressure oxygen hoses or similar hoses might be installed on airplane models produced by manufacturers other than Boeing. Determining whether an unsafe condition exists on these other airplanes is outside the scope of this AD. We will continue to evaluate the safety implications of these oxygen hoses as they apply to other manufacturers and initiate additional rulemaking to address the unsafe condition on those airplanes if necessary. We have not changed the AD in this regard. Request To Remove Requirement for Recording Part Numbers Northwest Airlines requests that we remove the proposed requirement to record the part number of the flex hose that is intended for replacement. Northwest Airlines states that once an oxygen hose has been identified as affected by the visual inspection confirming the part number, the affected hose will be replaced. Northwest Airlines states that there is no further instruction on where to record this information or what to do with it. Northwest Airlines states that requiring the recording of the part number of the affected oxygen hose does not provide any benefit or enhance safety. We agree that recording the part number of the affected hose does not serve any safety interest. Recording the part number of the affected hose identified for replacement as specified in Boeing Service Bulletin 757– 35A0015, Revision 2, dated June 15, 2000, is not necessary for compliance with this AD. We have revised paragraph (g)(1) of this AD to clarify that VerDate Nov<24>2008 15:58 Mar 26, 2010 Jkt 220001 recording the part number of the affected oxygen hose is not necessary. Explanation of Changes Made to This AD We have revised this AD to identify the legal name of the manufacturer as published in the most recent type certificate data sheet for the affected airplane models. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. 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 workhour 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 would affect 485 airplanes of U.S. registry. We also estimate that it would take 1 work-hour per product to comply with this AD. The average labor rate is $85 per workhour. Based on these figures, we estimate the cost of this proposed AD to the U.S. operators to be $41,225, or $85 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. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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: ■ 2010–06–17 The Boeing Company: Amendment 39–16242. Docket No. FAA–2009–0795; Directorate Identifier 2009–NM–083–AD. Effective Date (a) This airworthiness directive (AD) is effective May 3, 2010. Affected ADs (b) None. Applicability (c) This AD applies to The Boeing Company Model 757–200, –200CB, –200PF, and –300 series airplanes, certificated in any category; as identified in the service bulletins listed in Table 1 of this AD. E:\FR\FM\29MRR1.SGM 29MRR1 15331 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations TABLE 1—APPLICABILITY Boeing Service Bulletin Revision 757–35A0015 ............................................ 757–35A0016 ............................................ Dated 2 1 Subject (d) Air Transport Association (ATA) of America Code 35: Oxygen. June 15, 2000 ........................................... June 15, 2000 ........................................... the compliance times specified, unless the actions have already been done. Unsafe Condition (e) This AD results from reports of a lowpressure flex-hose of a flightcrew oxygen system that burned through due to inadvertent electrical current from a short circuit in an adjacent audio select panel. We are issuing this AD to prevent inadvertent electrical current which can cause the lowpressure flex-hoses used in the flightcrew and supernumerary oxygen system to melt or burn, resulting in oxygen system leakage and smoke or fire. Compliance (f) You are responsible for having the actions required by this AD performed within Applicable model/series Inspection (g) Within 36 months after the effective date of this AD, inspect to determine whether any low-pressure flex-hose of the flightcrew and supernumerary oxygen systems installed under the oxygen mask stowage location has a part number identified in Table 2 of this AD. A review of airplane maintenance records is acceptable in lieu of this inspection if the part number of the lowpressure flex-hoses of the flightcrew and supernumerary oxygen system can be conclusively determined from that review. (1) For any low-pressure flex-hose having a part number identified in Table 2 of this AD, before further flight, replace the hose with a new or serviceable part, in accordance 757–200, 757–200CB, 757–200PF. 757–300. with the Accomplishment Instructions of the applicable service bulletin identified in Table 1 of this AD. Recording the part number of the hose being replaced is not required by this AD. (2) For any low-pressure flex-hose not having a part number identified in Table 2 of this AD, no further action is required by this paragraph. Parts Installation (h) As of the effective date of this AD, no person may install a flightcrew or supernumerary oxygen hose with a part number identified in Table 2 of this AD on any airplane. TABLE 2—APPLICABLE PART NUMBERS Equivalent Boeing supplier part numbers— Boeing specification part No.— 60B50059–70 ........................ 60B50059–81 ........................ Sierra Engineering 835–01–70 835–01–81 PWALKER on DSK8KYBLC1PROD with RULES Actions Accomplished According to Previous Issue of Service Bulletin (i) Actions accomplished before the effective date of this AD in accordance with Boeing Alert Service Bulletin 757–35A0015, dated September 2, 1999, or Revision 1, dated November 11, 1999; or Boeing Alert Service Bulletin 757–35A0016, dated November 11, 1999; are considered acceptable for compliance with the corresponding actions specified in this AD. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Nicholas Wilson, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057– 3356; telephone (425) 917–6476; 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 VerDate Nov<24>2008 15:58 Mar 26, 2010 Jkt 220001 Spencer Fluid 9513–20S5–18.0 9513–20S5–24.0 Puritan Bennett ZH784–20 ............................. ZH784–81 ............................. 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 757–35A0015, Revision 2, dated June 15, 2000; or Boeing Service Bulletin 757– 35A0016, Revision 1, dated June 15, 2000; as applicable; 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 or 425–227–1152. (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 PO 00000 Frm 00011 Fmt 4700 Hydraflow Sfmt 4700 38001–70 38001–81 AVOX (formerly Sierra Engineering) 9513–835–01–70 9513–835–01–81 material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on March 9, 2010. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–5857 Filed 3–26–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0556; Directorate Identifier 2007–NM–028–AD; Amendment 39–16246; AD 2010–07–02] RIN 2120–AA64 Airworthiness Directives; Various Aircraft Equipped With Honeywell Primus II RNZ–850( )/–851( ) Integrated Navigation Units AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). E:\FR\FM\29MRR1.SGM 29MRR1

Agencies

[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Rules and Regulations]
[Pages 15328-15331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5857]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0795; Directorate Identifier 2009-NM-083-AD;
Amendment 39-16242; AD 2010-06-17]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 757 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 757 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 a flightcrew and supernumerary oxygen mask location, and replacing
with a new non-conductive low-pressure flex-hose of the oxygen system
if necessary. This AD results from reports of a low-pressure flex-hose
of a flightcrew oxygen system that burned through due to inadvertent
electrical current from a short circuit in an adjacent audio select
panel. We are issuing this AD to prevent inadvertent electrical
current, which can cause the low-pressure flex-hose of a flightcrew or
supernumerary oxygen system to melt or burn, resulting in oxygen system
leakage and smoke or fire.

DATES: This AD is effective May 3, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 3, 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 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 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

[[Page 15329]]

Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nicholas Wilson, 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) 917-6476; 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 757 airplanes. That NPRM was published in the Federal
Register on September 29, 2009 (74 FR 49827). 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 a flightcrew and supernumerary oxygen
mask location, and replacing with a new non-conductive low-pressure
flex-hose of the oxygen system if necessary.

Comments

We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the six commenters.

Support for the NPRM

Boeing, Air Line Pilots Association, International (ALPA), and the
National Transportation Safety Board (NTSB) support the NPRM.

Request To Withdraw NPRM

American Airlines states that the NPRM is unnecessary and should be
retracted. The commenter states that, given the Boeing compliance
recommendation of ``earliest opportunity when manpower, material and
facilities are available,'' risk analysis for the unsafe condition was
found to be below the extremely improbable threshold. The commenter
states that the NPRM would affect 102 of its airplanes, all of which
have been modified to preclude the unsafe condition. The commenter also
states that, of the 485 airplanes affected by the NPRM, it has
mitigated the risk on 25 percent of the U.S. fleet. The commenter
states that the three other large U.S. operators have also incorporated
Boeing Service Bulletin 757-35A0015, Revision 2, dated June 15, 2000.
The commenter states that this combined effort has substantially
addressed the U.S. fleet and reduced the risk probabilities even
further. The commenter also states that it has put procedures in place
to preclude reintroducing the unsafe condition. The commenter also
states that, since Boeing Service Bulletin 757-35A0015, dated September
2, 1999, was issued 10 years ago, the FAA appears to agree that at
least 13 years is an appropriate interval of time in which the affected
airplanes could continue to operate without compromising safety. The
commenter states that the compliance period appears arbitrary and is
not based on accepted risk assessment practices.
We do not agree to withdraw the NPRM. Sufficient information exists
to demonstrate that our risk analysis for the unsafe condition is
adequate in determining the compliance times required in this AD. We
acknowledge that American Airlines has been proactive in compliance
with the requirements of this AD; however, not every operator has been
quite as proactive. According to various bilateral airworthiness
agreements with countries around the world, we are obligated to advise
other civil airworthiness authorities of unsafe conditions identified
in products manufactured in the United States. The issuance of ADs is
the means by which we satisfy this obligation. Even if the current
U.S.-registered fleet is in compliance with the requirements of the AD,
the issuance of the rule is still necessary to ensure that any affected
airplane imported and placed on the U.S. register in the future will be
required to be in compliance as well. The manufacturer has advised us
that not all of the affected airplanes worldwide have been modified.
Issuance of this AD will ensure that the airplanes are modified before
they are permitted to operate in the U.S. We have not changed the AD in
this regard.

Request To Allow a One-time Ferry Flight

FedEx requests that a one-time ferry flight to a maintenance base
be allowed for airplanes in a non-compliant configuration due to being
in storage. FedEx states that a ferry flight would be required after
the 36-month compliance date.
We partially agree with the request for a one-time ferry flight. We
agree with allowing special flight permits for the purpose of flying
the airplane to a repair facility to do the work required by this AD.
However, we disagree with revising this AD to specifically state that
special flight permits are approved for this purpose. Special flight
permits are currently allowed under section 39.23 of the Federal
Aviation Regulations (14 CFR 39.23). No change has been made to the AD
in this regard.

Request That Visual Inspections for the Part Number Not Be Required if
Previously Done

Northwest Airlines requests that visual inspections for part
numbers of the low-pressure oxygen flex hose not be required if the
airline has previously complied with Boeing Service Bulletin 757-
35A0015, Revision 2, dated June 15, 2000. The commenter provided no
further justification for this request.
We agree that the visual inspection of the hose is not necessary if
the operator has previously accomplished the actions specified in
Boeing Service Bulletin 757-35A0015, Revision 2, dated June 15, 2000.
Paragraph (f) of this AD states that the required actions must be done
within the specified compliance times, ``* * * unless the actions have
already been done.'' This AD does not require that the actions be
redone if they were done before the effective date of the AD. No change
to the AD is necessary in this regard.

Request To Reduce Proposed Compliance Time

ALPA requests a shorter compliance time. ALPA states that the 36-
month inspection and replacement interval is too long due to a high
degree of risk imposed on passengers and crew.
We do not agree. In developing an appropriate compliance time, we
considered the safety implications, parts availability, and normal
maintenance schedules for timely accomplishment of inspecting the low-
pressure flex-hoses of the flightcrew and supernumerary oxygen system.
Further, we arrived at the proposed compliance time with operator and
manufacturer concurrence. In consideration of all of these factors, we
determined that the compliance time, as proposed, represents an
appropriate interval in which the inspection and replacement can be
accomplished 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 replace
the oxygen hose before 36 months after the effective date of this AD in
order to accomplish the requirements of this AD. If additional data are
presented that would justify a shorter compliance time, we might
consider further rulemaking on this issue. We have not changed the AD
in this regard.

[[Page 15330]]

Request To Revise Applicability To Include Manufacturers of Other
Airplanes With Similar Low-Pressure Oxygen Hoses

Although the NTSB fully supports the NPRM, the NTSB states that
because the risk of fire from electrically conductive hoses is not
restricted to Boeing models, the FAA should widen the inspection and
replacement of oxygen hoses beyond the airplanes cited in the NPRM. The
NTSB notes that the NPRM and the future rules mentioned in the NPRM
would apply only to Boeing airplanes. The NTSB states that suppliers
provide other airplane manufacturers with low-pressure oxygen hoses
that are nearly identical to those that the NPRM seeks to identify and
replace.
From these statements, we infer the NTSB is requesting that we
revise the NPRM to add other airplane models to the applicability of
the NPRM. We agree that suspect low-pressure oxygen hoses or similar
hoses might be installed on airplane models produced by manufacturers
other than Boeing. Determining whether an unsafe condition exists on
these other airplanes is outside the scope of this AD. We will continue
to evaluate the safety implications of these oxygen hoses as they apply
to other manufacturers and initiate additional rulemaking to address
the unsafe condition on those airplanes if necessary. We have not
changed the AD in this regard.

Request To Remove Requirement for Recording Part Numbers

Northwest Airlines requests that we remove the proposed requirement
to record the part number of the flex hose that is intended for
replacement. Northwest Airlines states that once an oxygen hose has
been identified as affected by the visual inspection confirming the
part number, the affected hose will be replaced. Northwest Airlines
states that there is no further instruction on where to record this
information or what to do with it. Northwest Airlines states that
requiring the recording of the part number of the affected oxygen hose
does not provide any benefit or enhance safety.
We agree that recording the part number of the affected hose does
not serve any safety interest. Recording the part number of the
affected hose identified for replacement as specified in Boeing Service
Bulletin 757-35A0015, Revision 2, dated June 15, 2000, is not necessary
for compliance with this AD. We have revised paragraph (g)(1) of this
AD to clarify that recording the part number of the affected oxygen
hose is not necessary.

Explanation of Changes Made to This AD

We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Conclusion

We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

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 would affect 485 airplanes of U.S.
registry. We also estimate that it would take 1 work-hour 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 proposed AD to the
U.S. operators to be $41,225, or $85 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:

2010-06-17 The Boeing Company: Amendment 39-16242. Docket No. FAA-
2009-0795; Directorate Identifier 2009-NM-083-AD.

Effective Date

(a) This airworthiness directive (AD) is effective May 3, 2010.

Affected ADs

(b) None.

Applicability

(c) This AD applies to The Boeing Company Model 757-200, -200CB,
-200PF, and -300 series airplanes, certificated in any category; as
identified in the service bulletins listed in Table 1 of this AD.

[[Page 15331]]

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

Subject

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

Unsafe Condition

(e) This AD results from reports of a low-pressure flex-hose of
a flightcrew oxygen system that burned through due to inadvertent
electrical current from a short circuit in an adjacent audio select
panel. We are issuing this AD to prevent inadvertent electrical
current which can cause the low-pressure flex-hoses used in the
flightcrew and supernumerary oxygen system to melt or burn,
resulting in oxygen system leakage and smoke or fire.

Compliance

(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspection

(g) Within 36 months after the effective date of this AD,
inspect to determine whether any low-pressure flex-hose of the
flightcrew and supernumerary oxygen systems installed under the
oxygen mask stowage location has a part number identified in Table 2
of this AD. A review of airplane maintenance records is acceptable
in lieu of this inspection if the part number of the low-pressure
flex-hoses of the flightcrew and supernumerary oxygen system can be
conclusively determined from that review.
(1) For any low-pressure flex-hose having a part number
identified in Table 2 of this AD, before further flight, replace the
hose with a new or serviceable part, in accordance with the
Accomplishment Instructions of the applicable service bulletin
identified in Table 1 of this AD. Recording the part number of the
hose being replaced is not required by this AD.
(2) For any low-pressure flex-hose not having a part number
identified in Table 2 of this AD, no further action is required by
this paragraph.

Parts Installation

(h) As of the effective date of this AD, no person may install a
flightcrew or supernumerary oxygen hose with a part number
identified in Table 2 of this AD on any airplane.

Table 2--Applicable Part Numbers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Equivalent Boeing supplier part numbers--
------------------------------------------------------------------------------------------------------------------
Boeing specification part No.-- Sierra AVOX (formerly Sierra
Engineering Spencer Fluid Puritan Bennett Hydraflow Engineering)
--------------------------------------------------------------------------------------------------------------------------------------------------------
60B50059-70.......................... 835-01-70 9513-20S5-18.0 ZH784-20................ 38001-70 9513-835-01-70
60B50059-81.......................... 835-01-81 9513-20S5-24.0 ZH784-81................ 38001-81 9513-835-01-81
--------------------------------------------------------------------------------------------------------------------------------------------------------

Actions Accomplished According to Previous Issue of Service Bulletin

(i) Actions accomplished before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 757-35A0015, dated
September 2, 1999, or Revision 1, dated November 11, 1999; or Boeing
Alert Service Bulletin 757-35A0016, dated November 11, 1999; are
considered acceptable for compliance with the corresponding actions
specified in this AD.

Alternative Methods of Compliance (AMOCs)

(j)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Nicholas Wilson, Aerospace Engineer, Cabin Safety and
Environmental Systems Branch, ANM-150S, FAA, Seattle ACO, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6476; 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 757-35A0015, Revision
2, dated June 15, 2000; or Boeing Service Bulletin 757-35A0016,
Revision 1, dated June 15, 2000; as applicable; 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 or 425-227-1152.
(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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Issued in Renton, Washington, on March 9, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5857 Filed 3-26-10; 8:45 am]
BILLING CODE 4910-13-P

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