
[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Rules and Regulations]               
[Page 38014-38017]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-10]                         

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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; 
Amendment 39-16351; AD 2010-14-06]
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: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Model 737-300, -400, and -500 series 
airplanes. That AD currently requires an

[[Page 38015]]

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 new AD expands 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 
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.

DATES: This AD becomes effective August 5, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 5, 
2010.
    On April 23, 2008 (73 FR 14666, March 19, 2008), the Director of 
the Federal Register approved the incorporation by reference of a 
certain other publication listed in the AD.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax 206-766-5680; e-mail me.boecom@boeing.com; 
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: 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

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2008-06-24, Amendment 
39-15436 (73 FR 14666, March 19, 2008). The existing AD applies to 
certain Model 737 -300, -400, and -500 series airplanes. That NPRM was 
published in the Federal Register on December 30, 2009 (74 FR 69040). 
That NPRM proposed to continue to require 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. That NPRM 
also proposed to add airplanes to the applicability.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Support for the NPRM

    The Boeing Company concurs with the content of the NPRM.

Request To Issue Separate Rulemaking Action for Added Airplanes

    All Nippon Airways (ANA) asks that we issue a separate AD for Model 
737-200 airplanes only. ANA understands the necessity of expanding the 
airplane effectivity, but notes that the requirements in the existing 
AD clearly target Model 737 -300, -400, and -500 series airplanes. ANA 
states that a separate AD would avoid unnecessary paperwork for 
issuance of a new AD that includes Model 737-300, -400, and -500 series 
airplanes. ANA adds that we already approved Boeing Special Attention 
Service Bulletin 737-35-1099, Revision 1, dated April 23, 2009, which 
refers 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. ANA concludes that the compliance time and requirements for 
the airplanes in the existing AD have not changed in the NPRM.
    We do not agree with the commenter's request to issue a separate AD 
to address only Model 737-200 airplanes. As discussed in the NPRM, we 
reviewed Boeing Special Attention Service Bulletin 737-35-1099, 
Revision 1, dated April 23, 2009, which was issued after the existing 
AD was published and expanded the effectivity of Boeing Special 
Attention Service Bulletin 737-35-1099, dated April 9, 2007. (We cited 
Boeing Special Attention Service Bulletin 737-35-1099, dated April 9, 
2007, in the existing AD as the appropriate source of service 
information for accomplishing the required actions.) In light of this 
new service information, we determined that the additional airplanes 
included in the effectivity of Boeing Special Attention Service 
Bulletin 737-35-1099, Revision 1, dated April 23, 2009, also are 
subject to the unsafe condition identified in the existing AD.
    When we find that additional airplanes must be added to the 
applicability of an AD, the existing AD is typically superseded to 
include those airplanes. In addition, we consider that any further 
delay in issuing separate rulemaking would result in an unacceptable 
level of risk because doing so would allow the unsafe condition to 
continue for an indefinite length of time. Therefore, we have not 
changed the AD in this regard.

Request To Review Manufacturing Date Range of Affected Oxygen Masks and 
Issue Additional Rulemaking

    The Civil Aviation Safety Authority of Australia suggests that we 
issue additional rulemaking to cover all airplanes that may have the 
affected B/E Aerospace oxygen mask flow indicator assemblies installed. 
The Civil Aviation Safety Authority asks that we review the 
manufacturing date range of the oxygen masks identified in the NPRM. 
The Civil Aviation Safety Authority states that data gathered from its 
service difficulty report system revealed the failure of three oxygen 
mask flow indicator assemblies similar to those identified in the NPRM. 
The Civil Aviation Safety Authority notes that those assemblies have a 
manufacturing date of September 13, 2001, which is prior to the date 
range specified in the NPRM (January 1, 2002-March 1, 2006), and the 
masks are installed on a different airplane model (Beech B300) that 
have a part/dash number not included in B/E Aerospace Service Bulletin 
174080-35-01 (referred to in the NPRM as an additional source of 
guidance for modifying the oxygen mask assembly). The Civil Aviation 
Safety Authority adds that the part number is in the 174080 series 
(identified in the parts installation paragraph of the NPRM).
    We acknowledge the commenter's concern and provide the following 
explanation. We are aware of the issue regarding the manufacturing date 
range of oxygen mask flow indicator assemblies installed on the small

[[Page 38016]]

airplane model identified by the commenter. We are currently 
investigating that issue to determine if additional rulemaking action 
might be necessary for airplane models other than those specified in 
the applicability of this AD.
    With regard to this specific AD, the failures were due to certain 
mask stowage box designs that cause higher than normal stresses on the 
flow indicator assemblies. The manufacturing date range was determined 
by the manufacturer, and we based the AD on a review of physical test 
data obtained from the oxygen masks that were available during that 
review. Based on those data, the manufacturing date range addressed in 
this AD is appropriate for the airplanes identified in the AD 
applicability. No change to this AD is necessary.

Explanation of Change to This AD

    Boeing Commercial Airplanes has received an Organization 
Designation Authorization (ODA), which replaces the previous 
designation as a Delegation Option Authorization (DOA) holder. We have 
revised paragraph (k)(3) of this AD to add delegation of authority to 
Boeing Commercial Airplanes ODA to approve an alternative method of 
compliance for any repair required by this AD.

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 change described previously. We also determined that 
this change 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 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

    There are about 1,981 airplanes of the affected design in the 
worldwide fleet. This AD affects about 666 airplanes of U.S. registry.
    The actions that are required by AD 2008-06-24 and retained in this 
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 passenger service units/
oxygen boxes, at an average labor rate of $85 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 $1,576,240, or $2,440 per airplane.
    This AD is applicable to approximately 20 additional airplanes. 
Based on the figures discussed above, we estimate the costs for the 
additional airplanes imposed by this AD on U.S. operators to be 
$48,800, or $2,440 per airplane. This figure is based on assumptions 
that no operator of these additional airplanes has yet done any of the 
requirements of this AD, and that no operator will do those actions in 
the future if this AD is 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 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-15436 (73 FR 14666, March 19, 2008) and by adding 
the following new airworthiness directive (AD):

2010-14-06 The Boeing Company: Amendment 39-16351. Docket No. FAA-
2009-1224; Directorate Identifier 2009-NM-118-AD.

Effective Date

    (a) This AD becomes effective August 5, 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) This AD results from a determination indicating that 
additional airplanes may be subject to the identified unsafe 
condition. 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.

[[Page 38017]]

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 these 
service bulletins specify 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 this 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 (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 paragraphs (g) and (h) 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: 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. 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 the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane and the approval must 
specifically refer to this AD.

Material Incorporated by Reference

    (l) You must use Boeing Special Attention Service Bulletin 737-
35-1099, dated April 9, 2007; or Boeing Special Attention Service 
Bulletin 737-35-1099, Revision 1, dated April 23, 2009; 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 Boeing Special Attention Service 
Bulletin 737-35-1099, Revision 1, dated April 23, 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 Boeing Special Attention Service 
Bulletin 737-35-1099, dated April 9, 2007, on April 23, 2008 (73 FR 
14666, March 19, 2008).
    (3) 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.
    (4) 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.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on June 18, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-15816 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-13-P

