[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Rules and Regulations]
[Pages 24548-24551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09413]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0864; Directorate Identifier 2013-NM-108-AD;
Amendment 39-17841; AD 2014-09-06]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company 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
[[Page 24549]]
The Boeing Company Model 777F series airplanes. This AD was prompted by
a report of a fire that originated near the first officer's seat and
caused extensive damage to the flight deck. This AD requires replacing
the low-pressure oxygen hoses with non-conductive low-pressure oxygen
hoses in the stowage box and supernumerary ceiling area. We are issuing
this AD to prevent electrical current from passing through an internal,
anti-collapse spring of the low-pressure oxygen hose, which can cause
the low-pressure oxygen hose to melt or burn and lead to an oxygen-fed
fire near the flight deck.
DATES: This AD is effective June 5, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 5,
2014.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0864; 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 (phone: 800-647-
5527) is Docket 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: Susan L. Monroe, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA
98057-3356; phone: 425-917-6457; fax: 425-917-6590; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 777F series airplanes. The NPRM published in the Federal Register
on October 23, 2013 (78 FR 63130). The NPRM proposed to require
replacing the low-pressure oxygen hoses with non-conductive low-
pressure oxygen hoses in the stowage box and supernumerary ceiling area
in order to prevent electrical current from passing through an
internal, anti-collapse spring of the low-pressure oxygen hose, which
can cause the low-pressure oxygen hose to melt or burn and lead to an
oxygen-fed fire near the flight deck.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 63130, October 23, 2013) and the FAA's response to each comment.
Support for the NPRM (78 FR 63130, October 23, 2013)
The National Transportation Safety Board, The Air Line Pilots
Association International (ALPA), and Alex Naife expressed support for
the NPRM (78 FR 63130, October 23, 2013).
Request To Shorten Compliance Time
ALPA recommended that we reduce the 36-month compliance time to
replace the low-pressure oxygen hoses to 12 months because of the
impact that an oxygen-fed fire on the flight deck would have on flight
safety.
We do not agree with the commenter's request to reduce the
compliance time. In developing an appropriate compliance time, we
considered the safety implications, parts availability, and normal
maintenance schedules for timely accomplishment of replacing the low-
pressure oxygen hoses with non-conductive low-pressure oxygen hoses. In
consideration of all of these factors, we determined that the
compliance time, as proposed, represents an appropriate interval in
which the low-pressure oxygen hoses can be replaced in a timely manner
within the fleet, while still maintaining an adequate level of safety.
Also, reducing the compliance time of the NPRM (78 FR 63130,
October 23, 2013) would necessitate (under the provisions of the
Administrative Procedure Act) reissuing the notice, reopening the
period for public comment, considering additional comments subsequently
received, and eventually issuing a final rule. In light of this, and in
consideration of the amount of time that has already elapsed since
issuance of the original notice, we have determined that further delay
of this final rule is not appropriate.
Operators are 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 low-pressure oxygen hoses before 36
months after the effective date of this final rule. If additional data
are presented that would justify a shorter compliance time, we may
consider further rulemaking on this issue. We have not changed this
final rule in this regard.
Request for Credit for Previous Actions
FedEx requested that accomplishment of the actions described in
Boeing Alert Service Bulletin 777-35A0029, dated June 6, 2012, be
considered as an acceptable means of compliance with the final rule.
(The NPRM (78 FR 63130, October 23, 2013) specifies using Boeing Alert
Service Bulletin 777-35A0029, Revision 1, dated April 29, 2013.) FedEx
commented that Boeing Alert Service Bulletin 777-35A0029, Revision 1,
dated April 29, 2013, on page 12, indicates that no more work is
required for airplanes on which the defective hoses were removed, as
described in Boeing Alert Service Bulletin 777-35A0029, dated June 6,
2012. FedEx stated that it has already accomplished the modification on
5 of its 18 applicable airplanes, as described in Boeing Alert Service
Bulletin 777-35A0029, dated June 6, 2012.
We partially agree with the commenter. We agree because the
commenter indicated that the unsafe condition has already been removed
on several of its airplanes. However, paragraph (i) of the NPRM (78 FR
63130, October 23, 2013), and this final rule specifies credit for
replacing the defective hoses before the effective date of this final
rule using Boeing Alert Service Bulletin 777-35A0029, dated June 6,
2012. Therefore, no changes are necessary to this final rule in this
regard.
Change Made to This Final Rule
We have revised the unsafe condition statement in the SUMMARY, the
Discussion, and paragraph (e) of this final rule to clarify that the
unsafe condition is near the flight deck, rather than on the flight
deck.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD
[[Page 24550]]
with the change described previously and minor editorial changes. We
have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (78 FR 63130, October 23, 2013) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 63130, October 23, 2013).
Costs of Compliance
We estimate that this AD affects 18 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Replace oxygen hoses................ 7 work-hours x $85 per $1,450 $2,045 $36,810
hour = $595.
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According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
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),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2014-09-06 The Boeing Company: Amendment 39-17841; Docket No. FAA-
2013-0864; Directorate Identifier 2013-NM-108-AD.
(a) Effective Date
This AD is effective June 5, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 777F series
airplanes, certificated in any category, as identified in Boeing
Alert Service Bulletin 777-35A0029, Revision 1, dated April 29,
2013.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by a report of a fire that originated near
the first officer's seat and caused extensive damage to the flight
deck. We are issuing this AD to prevent electrical current from
passing through an internal, anti-collapse spring of the low-
pressure oxygen hose, which can cause the low-pressure oxygen hose
to melt or burn and lead to an oxygen-fed fire near the flight deck.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Oxygen Hose Replacement
Within 36 months after the effective date of this AD: Replace
the low-pressure oxygen hoses in the stowage box and supernumerary
ceiling area with new, non-conductive, low-pressure oxygen hoses, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 777-35A0029, Revision 1, dated April 29, 2013.
(h) Parts Installation Prohibition
As of the effective date of this AD, no person may install a
low-pressure oxygen hose, part number (P/N) 57034-08A050140, P/N
57034-08A050215, or P/N 57034-09A050270, on any airplane.
(i) Credit for Previous Actions
This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 777-
35A0029, dated June 6, 2012, provided that the low-pressure oxygen
hoses described in Boeing Alert Service Bulletin 777-35A0029,
Revision 1, dated April 29, 2013, were replaced with new, non-
conductive, low-pressure oxygen hoses. Boeing Alert Service Bulletin
777-35A0029, dated June 6, 2012, is not incorporated by reference in
this AD.
(j) Alternative Methods of Compliance (AMOCs)
(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. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (k) of this AD.
Information may be emailed to [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
[[Page 24551]]
(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 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.
(k) Related Information
(1) For more information about this AD, contact Susan L. Monroe,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch,
ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601
Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6457; fax:
425-917-6590; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference may be obtained at the addresses specified
in paragraphs (l)(3) and (l)(4) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 777-35A0029, Revision 1, dated
April 29, 2013.
(ii) Reserved.
(3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet
https://www.myboeingfleet.com.
(4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
(5) You may view this 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/cfr/ibr-locations.html.
Issued in Renton, Washington, on April 17, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-09413 Filed 4-30-14; 8:45 am]
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