[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Rules and Regulations]
[Pages 41045-41047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15893]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0104; Directorate Identifier 2011-NM-279-AD;
Amendment 39-17107; AD 2012-13-05]
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
The Boeing Company Model 777-200, -200LR, -300, -300ER, and 777F series
airplanes. This AD was prompted by a report indicating that a fire
originated near the first officer's area, which 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 flight
compartment. We are issuing this AD to prevent electrical current from
passing through the low-pressure oxygen hose internal anti-collapse
spring, which can cause the low-pressure oxygen hose to melt or burn,
and a consequent oxygen-fed fire in the flight compartment.
DATES: This AD is effective August 16, 2012.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 16,
2012.
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; 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, WA 98057-3356. 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; 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 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: Susan Monroe, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6457; fax: 425-917-6590; email:
susan.l.monroe@faa.gov.
[[Page 41046]]
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on February 8, 2012 (77 FR
6518). That NPRM proposed to require replacing the low-pressure oxygen
hoses with non-conductive low-pressure oxygen hoses in the flight
compartment.
Relevant Service Information
Since we issued the NPRM (77 FR 6518, February 8, 2012), Boeing has
issued Alert Service Bulletin 777-35A0027, Revision 1, dated April 19,
2012. This service information was issued to remove airplanes from the
effectivity that have had certain changes incorporated in production,
update warranty information, and material price information. No
additional work is necessary for airplanes changed in accordance with
Boeing Alert Service Bulletin 777-35A0027, dated December 15, 2011. We
have changed the final rule to reference Boeing Alert Service Bulletin
777-35A0027, Revision 1, dated April 19, 2012. Additionally, we have
updated the Costs of Compliance section of the final rule regarding the
parts cost and warranty information.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 6518, February 8, 2012) and the FAA's response to each comment.
Support for the NPRM (77 FR 6518, February 8, 2012)
The Air Line Pilots Association (ALPA) stated it supports the NPRM
(77 FR 6518, February 8, 2012).
Request To Shorten Compliance Time
The ALPA requested we shorten the compliance time for the
replacement of the oxygen hoses from 18 months to 12 months. The
commenter based this request on the impact that an oxygen fed fire on
the flight deck would have on flight safety.
We disagree. In developing the proposed compliance time, we
considered the safety implications, parts availability, and normal
maintenance schedules for the timely accomplishment of replacement of
the oxygen hoses. Further, the proposed compliance time is in keeping
with the manufacturers' recommended compliance time. In consideration
of all these factors, operators are always permitted to accomplish the
requirements of an AD at a time earlier than the specified compliance
time. If additional data are presented that would justify a shorter
compliance time, we may consider further rulemaking on this issue. We
have not changed the AD in this regard.
Request To Increase Compliance Time
United Airlines requested we increase the compliance time for the
replacement of the oxygen hoses from 18 months to 24 months. The
commenter stated that based on parts availability and its normal
maintenance schedule, it believes that 24 months would be an
appropriate interval for the timely accomplishment of the actions while
maintaining an adequate level of safety.
We disagree with increasing the compliance time. As stated
previously, in developing the proposed compliance time, we considered
the safety implications, parts availability, and normal maintenance
schedules for a timely accomplishment of replacement of the oxygen
hoses. Further, the proposed compliance time is in keeping with the
manufacturers' recommended compliance time. However, under the
provisions of paragraph (i) of the final rule, we may approve requests
for adjustments to the compliance time if data are submitted to
substantiate that such an adjustment would provide an acceptable level
of safety. We have not changed the AD in this regard.
Request To Add Applicability Language
Boeing requested that we add language to paragraph (h) of the NPRM
(77 FR 6518, February 8, 2012), stating that this paragraph applies
only to any airplane ``affected by this AD.''
We do not agree with the commenter's request. The applicability
statement in all AD actions lists all airplanes affected by that AD.
All of the requirements stated in an AD are applicable only to the
airplanes listed in the applicability. We find no justification for
making the requested change. We have not changed the AD in this regard.
Request for Clarification of Parts Installation Requirement
American Airlines (American) requested clarification of the
requirement in paragraph (h) of the NPRM (77 FR 6518, February 8, 2012)
that prohibits installing certain oxygen hoses after the effective date
of the AD. American stated that the compliance time of paragraph (h) of
the NPRM is prior to the compliance date of the low-pressure oxygen
hose removal, and if a maintenance procedure is accomplished which
would require the removal of the low-pressure oxygen hose, the same
low-pressure oxygen hose cannot be re-installed.
We agree to clarify the requirement. Once we have determined that
an unsafe condition exists, we generally specify not to allow that
condition to be introduced into the fleet. Although the word
``install'' is generally considered to be broader than the word
``replace,'' for this AD operators can interpret it as meaning
``replace'' while remaining within the intent of the ``Parts
Installation'' paragraph (paragraph (h) of this AD). By simply
reinstalling a part removed during maintenance, the operator is not
``installing'' a different part. Therefore, removing a part to gain
access and then reinstalling that same part for other maintenance
activities not associated with the AD is acceptable. We have not
changed the AD in this regard.
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.
Costs of Compliance
We estimate that this AD affects 169 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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Replacement......................... 18 work-hours x $85 per $1,066 $2,596 $438,724
hour = $1,530.
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[[Page 41047]]
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):
2012-13-05 The Boeing Company: Amendment 39-17107; Docket No. FAA-
2012-0104; Directorate Identifier 2011-NM-279-AD.
(a) Effective Date
This AD is effective August 16, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 777-200, -200LR, -
300, -300ER, and 777F series airplanes; certificated in any
category; as identified in Boeing Alert Service Bulletin 777-
35A0027, Revision 1, dated April 19, 2012.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by a report indicating that a fire
originated near the first officer's area, which caused extensive
damage to the flight deck. We are issuing this AD to prevent
electrical current from passing through the low-pressure oxygen hose
internal anti-collapse spring, which can cause the low-pressure
oxygen hose to melt or burn, and a consequent oxygen-fed fire in the
flight compartment.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Replacement
Within 18 months after the effective date of this AD: Replace
the low-pressure oxygen hoses with non-conductive low-pressure
oxygen hoses in the flight compartment, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
35A0027, dated December 15, 2011, or Boeing Alert Service Bulletin
777-35A0027, Revision 1, dated April 19, 2012.
(h) Parts Installation Prohibition
As of the effective date of this AD, no person may install in
the airplane flight compartment oxygen system on any airplane, a
low-pressure oxygen hose having part number 57034-81220, 57034-
81320, or 57034-91100.
(i) 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 the Related Information
section of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(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.
(j) Related Information
For more information about this AD, contact Susan Monroe,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch,
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, WA 98057-3356; phone: (425) 917-6457; fax: (425)
917-6590; email: susan.l.monroe@faa.gov.
(k) Material Incorporated by Reference
(1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(i) Boeing Alert Service Bulletin 777-35A0027, dated December
15, 2011.
(ii) Boeing Alert Service Bulletin 777-35A0027, Revision 1,
dated April 19, 2012.
(2) For service information identified in this AD, 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; Internet https://www.myboeingfleet.com.
(3) You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA 98057-3356. For information on the availability of this
material at the FAA, call (425) 227-1221.
(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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on June 21, 2012.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-15893 Filed 7-11-12; 8:45 am]
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