Rule2023-16121
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 31, 2023
Effective
September 5, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-100, 737-200, 737-200C, 737-300, 737-400, 737-500, 737-600, 737-700, 737-700C, 737-800, 737-900, 737-900ER, 757- 200, 757-200PF, 757-200CB, 757-300, 767-200, 767-300, 767-300F, and 767-400ER series airplanes. This AD was prompted by reports indicating premature aging of certain passenger chemical oxygen generators. This AD requires repetitively replacing affected chemical oxygen generators with serviceable parts. This AD also limits the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 145 (Monday, July 31, 2023)</title>
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[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49284-49287]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16121]
[[Page 49284]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1479; Project Identifier AD-2022-00703-T;
Amendment 39-22497; AD 2023-13-12]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 737-100, 737-200, 737-200C, 737-300, 737-400,
737-500, 737-600, 737-700, 737-700C, 737-800, 737-900, 737-900ER, 757-
200, 757-200PF, 757-200CB, 757-300, 767-200, 767-300, 767-300F, and
767-400ER series airplanes. This AD was prompted by reports indicating
premature aging of certain passenger chemical oxygen generators. This
AD requires repetitively replacing affected chemical oxygen generators
with serviceable parts. This AD also limits the installation of
affected parts. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective September 5, 2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1479; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, any comments received, and other
information. The address for Docket Operations is 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: Nicole S. Tsang, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3959; email: <a href="/cdn-cgi/l/email-protection#9ef0f7fdf1f2fbb0edb0eaedfff0f9def8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="d5bbbcb6bab9b0fba6fba1a6b4bbb295b3b4b4fbb2baa3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all The Boeing Company
Model 737-100, 737-200, 737-200C, 737-300, 737-400, 737-500, 737-600,
737-700, 737-700C, 737-800, 737-900, 737-900ER, 757-200, 757-200PF,
757-200CB, 757-300, 767-200, 767-300, 767-300F, and 767-400ER series
airplanes. The NPRM published in the Federal Register on December 9,
2022 (87 FR 75528).
The NPRM was prompted by reports indicating premature aging of
certain passenger chemical oxygen generators. In the NPRM, the FAA
proposed to require repetitively replacing affected chemical oxygen
generators with serviceable parts, and to limit the installation of
affected parts. The FAA is issuing this AD to address the premature
aging that resulted in the chemical oxygen generators failing to
activate, which could fail to deliver oxygen during an emergency,
possibly resulting in injury to the airplane occupants.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from the Air Line Pilots Association,
International, and The Boeing Company. Both commenters supported the
NPRM without change.
The FAA received additional comments from Delta Air Lines, American
Airlines, United Airlines, and United Parcel Service. The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Request To Clarify Service Life of Affected Parts
American Airlines requested clarification on why paragraph (i)(3)
of the proposed AD allows chemical oxygen generators to remain in
service longer than 10 years. American Airlines stated that paragraph
(i)(3) of the proposed AD contradicts paragraph (h) of the proposed AD
and leads to confusion.
The FAA agrees to clarify. Currently, there are units with a
manufacturing date older than 10 years that are potentially installed
on airplanes, and these units might be included in the group identified
in paragraph (i)(3) of this AD. After the initial replacement required
by paragraph (i)(3) of this AD, the introductory text to paragraph (i)
of this AD requires operators to replace affected units before
exceeding 10 years since date of manufacture. To determine the
appropriate compliance time for paragraph (i)(3) of this AD, the FAA
assessed the failure rate of the units, the number of suspect units,
and the probability of an unsafe outcome. The FAA has not changed this
AD in this regard.
Request To Remove the 30-Day Compliance Time for Inspection of Part
Numbers
American Airlines and Delta Air Lines requested removing the 30-day
compliance time for the inspection of the chemical oxygen generators
part numbers. American Airlines stated that inspecting the part numbers
alone does not provide any increase in safety and will severely disrupt
the regular maintenance of the airplane with the potential to impact
passengers if other work has to be postponed to meet a 30-day
inspection requirement. Instead of requiring the 6-, 12-, and 24-month
replacement, American Airlines suggested allowing 12 months to inspect
and correct the units. Delta Air Lines recommended allowing operators
to use existing methods to obtain chemical oxygen generator part
numbers and dates of manufacture at a time that works within the needs
of their operation rather than within 30 days. Delta Air Lines stated
that the existing methods have already been reviewed by the operators'
Certificate Management Office (CMO) and is FAA approved.
The FAA disagrees with the request to remove the 30-day compliance
time for the part number inspection. The FAA disagrees with Delta Air
Lines' recommendation to allow operators' existing methods to inspect
the chemical oxygen generators part numbers and date of manufacture
that work within the needs of their operation rather than within this
AD's compliance time. The FAA also disagrees with replacing this AD's
proposed compliance times with the American Airlines' proposed 12-month
compliance time to inspect and correct units. The commenter did not
provide justification to substantiate how a 12-month compliance time to
inspect and correct units provides an acceptable level of safety.
Passenger chemical oxygen generators identified in paragraph (i)(1) of
this AD must be replaced sooner than the proposed 12-month compliance
time. After considering all of the available information, the FAA
determined that the compliance time, as proposed, represents an
appropriate interval of time in which the required actions can be
performed in a timely manner within the affected fleet, while still
maintaining an adequate level of safety. When developing the compliance
time, the FAA considered the estimated hours to complete the inspection
and replacements and the availability of parts. There are provisions in
paragraph (g) of this AD that allow review of the airplane maintenance
records in lieu of
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an inspection, provided the date of manufacture can be conclusively
determined by that review. Under the provisions of paragraph (k) of
this AD, operators may apply for an extension of the compliance times
by providing rationale explaining why a compliance time extension
provides an acceptable level of safety. The FAA has not changed this AD
in this regard.
Request To Remove Inspection for Retired and Long-Term Storage
Airplanes
American Airlines requested that inspection of retired airplanes or
airplanes in long-term storage not be required until the airplane goes
into service.
The FAA agrees that operators are not required to inspect retired
airplanes because retired airplanes are not in service. And the FAA
agrees that airplanes in long-term storage are not required to comply
with the requirements of this AD until the airplane goes into service
(14 CFR 39.7). If the compliance time has passed before a stored
airplane is returned to service, it is not a violation. A violation
occurs only if a product is operated that does not meet the
requirements of an AD. Under the provisions of paragraph (k) of this
AD, an operator who is unable to accomplish the inspection in this AD
within the specified compliance time may request an alternative method
of compliance (AMOC) to extend this time. The FAA has not changed this
AD in this regard.
Request Six Months To Revise Manuals
American Airlines requested six months to revise applicable
manuals.
The FAA disagrees with the request to require six months to revise
applicable manuals. This AD requires only inspection of the chemical
oxygen generator part numbers and replacement of chemical oxygen
generators. This AD does not mandate revising applicable manuals. The
FAA has not changed this AD in this regard.
Request Six Months To Purge Inventory
American Airlines requested six months to purge inventory of P/N
117080-XX chemical oxygen generators.
The FAA disagrees with the request to require six months to purge
inventory of P/N 117080-XX chemical oxygen generators. This AD requires
only inspection of the chemical oxygen generator part numbers and
replacement of chemical oxygen generators. This AD does not mandate
purging inventory of P/N 117080-XX chemical oxygen generators. The FAA
has not changed this AD in this regard.
Request To Confirm Life Limit of AVOX Systems Part Number P/N 807218-03
American Airlines requested confirmation that FAA has determined
AVOX Systems part number (P/N) 807218-03 does not have the same
problems as P/N 117080-04 and continues to be an approved part number
with a life of 15 years from the date of manufacture. AVOX Systems P/N
807218-03 has been qualified to both Boeing Spec S417T401-44 (or Drager
P/N E71740-00) and Boeing Spec S417T401-60 (or Collins P/N 117080-04).
The FAA confirms that AVOX Systems P/N 807218-03 does not have the
same problems as P/N 117080-04. The life limit for AVOX Systems P/N
807218-03 is 15 years from the date of manufacture. Because this AD
does not address P/N 807218-03, no change to this AD is necessary.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) ST00830SE, STC ST01219SE, STC
ST01518SE, and STC ST01920SE on applicable Boeing models subject to the
proposed AD does not affect compliance with the mandated actions.
The FAA agrees with the commenter that STC ST00830SE, STC
ST01219SE, STC ST01518SE, and STC ST01920SE do not affect the ability
to accomplish the actions required by this AD. The FAA has not changed
this AD in this regard.
Request Use of Illustrated Parts Catalog To Determine Approved Part
Numbers
Delta Air Lines requested clarification on how to determine whether
a part number is approved. Paragraph (h)(2) of this AD does not have
any provision to allow operators to determine if a part number is
approved. Delta Air Lines assumed operators may use the airplane
Illustrated Parts Catalog (IPC) to determine acceptable approved
alternate parts.
The FAA confirms that operators may use the airplane IPC to
determine acceptable approved part numbers. The FAA has not changed
this AD in this regard.
Request To Define Acceptable Replacement Chemical Oxygen Generators
Delta Air Lines requested that paragraph (i) of the proposed AD be
revised to explicitly state that chemical oxygen generators be replaced
with serviceable units during the repetitive replacement.
The FAA agrees with the comment and has revised the introductory
text to paragraph (i) of this AD accordingly.
Request To Limit Replacement Requirement Based on Date of Manufacture
Delta Air Lines suggested that paragraph (i) of the proposed AD be
revised to state that no replacement is necessary for affected
passenger chemical oxygen generators that have a date of manufacture in
2014 or later. Delta inferred that since these generators would have a
manufacture date of 2014 or later, and therefore be within the new 10-
year life limit, replacement would not be mandated per the proposed AD.
The FAA disagrees that units that have a date of manufacture in
2014 or later need not be replaced. The FAA has added paragraph (i)(4)
of this AD to clarify that units with a date of manufacture in 2014 or
later must be replaced before exceeding 10 years since the date of
manufacture, with a 24-month grace period that will allow for timely
and orderly replacement of units that are close to their 10-year life
limit.
Request To Clarify Affected Airplanes
The United Parcel Service (UPS) Airlines requested limiting the
proposed AD to apply only to the affected airplane models with part
number 117080-02, 117080-03, or 117080-04 chemical oxygen generators
installed. The commenter noted that the proposed AD would require
accomplishment of paragraphs (g) and (i) on all of the airplane models
covered by paragraph (c) of the proposed AD, even if an applicable
airplane does not have part number 117080-02, 117080-03, or 117080-04
installed.
The FAA disagrees with the commenter's request. The FAA determined
that the part number 117080-02, 117080-03, or 117080-04 chemical oxygen
generators are rotable. This AD therefore applies to all airplanes of
the affected models to ensure that no person installs a non-serviceable
passenger chemical oxygen generator on an airplane that was initially
delivered with an acceptable unit, thereby subjecting that airplane to
the unsafe condition. The FAA has not changed this AD in this regard.
Additional Change to AD
The compliance time in paragraph (i)(1) of this AD has been
adjusted to accommodate airplanes with generators close to the 15-year
life limit as of the effective date of the AD. This change is not more
restrictive than what was proposed, and does not expand the
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scope of the requirement as specified in the proposed AD.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.
Related Service Information
Collins Aerospace Service Information Letter (SIL) 117080-SIL-002,
dated May 4, 2022, specifies procedures for replacing affected chemical
oxygen generators.
Costs of Compliance
The FAA estimates that this AD affects 3,419 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspection............... 4 work-hours x $85 $0.................. $340................ $1,162,460.
per hour = $340.
Replacement.............. 0.50 work-hour x $85 Up to $445.......... Up to $488 per $1,668,472 per
per hour = $43 per replacement cycle. replacement cycle.
replacement cycle.
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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.
The FAA is 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) Will not affect intrastate aviation in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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:
2023-13-12 The Boeing Company: Amendment 39-22497; Docket No. FAA-
2022-1479; Project Identifier AD-2022-00703-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 5,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 737-100, 737-
200, 737-200C, 737-300, 737-400, 737-500, 737-600, 737-700, 737-
700C, 737-800, 737-900, 737-900ER, 757-200, 757-200PF, 757-200CB,
757-300, 767-200, 767-300, 767-300F, and 767-400ER series airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by reports of premature aging of certain
chemical oxygen generators. The FAA is issuing this AD to address
this premature aging that resulted in the generators failing to
activate, which could fail to deliver oxygen during an emergency,
possibly resulting in injury to the airplane occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Oxygen Generator Part Number Inspection
Within 30 days after the effective date of this AD: Inspect
passenger chemical oxygen generators having part numbers 117080-02,
117080-03, and 117080-04 to determine their date of manufacture. A
review of airplane maintenance records is acceptable for the
inspection, provided the date of manufacture can be conclusively
determined by that review.
(h) Definition
For purposes of this AD, a serviceable unit is a passenger
chemical oxygen generator that meets the condition specified in
either paragraph (h)(1) or (2) of this AD.
(1) Part numbers 117080-02, 117080-03, and 117080-04, with a
manufacturing date not older than 10 years.
(2) Approved part numbers other than 117080-02, 117080-03, and
117080-04, provided the generator has not exceeded the life limit
established for that generator by the manufacturer.
(i) Oxygen Generator Replacement
For any passenger chemical oxygen generators having part numbers
117080-02, 117080-03, and 117080-04: At the applicable time
specified in paragraph (i)(1) through (4) of this AD, replace the
chemical oxygen generator with a serviceable unit, as defined in
this AD. Thereafter, replace chemical oxygen generators having part
numbers 117080-02, 117080-03, and 117080-04 with serviceable units,
as defined in this AD,
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before exceeding 10 years since date of manufacture.
Note 1 to paragraph (i): Additional guidance for replacing the
affected passenger chemical oxygen generators can be found in
Collins Aerospace Service Information Letter 117080-SIL-002, dated
May 4, 2022, and approved maintenance procedures.
(1) After doing the inspection in paragraph (g) of this AD: If
the passenger chemical oxygen generator has a date of manufacture in
2008 or earlier, replace before further flight or within 15 years
since the date of manufacture, whichever occurs later.
(2) For passenger chemical oxygen generators that have a date of
manufacture in 2009 or 2010: Replace within 12 months after the
effective date of this AD.
(3) For passenger chemical oxygen generators that have a date of
manufacture in 2011, 2012, or 2013: Replace within 24 months after
the effective date of this AD.
(4) For passenger chemical oxygen generators that have a date of
manufacture in 2014 or later: Replace before exceeding 10 years
since the date of manufacture, or within 24 months after the
effective date of this AD, whichever occurs later.
(j) Parts Installation Limitation
As of the effective date of this AD, no person may install a
passenger chemical oxygen generator, unless the oxygen generator is
a serviceable unit, as defined in this AD.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Continued Operational Safety Branch, 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (l)(1) of this AD. Information
may be emailed to: <a href="/cdn-cgi/l/email-protection#221b0f636c6f0f71474356564e470f63616d0f636f6d610f7047535747515651624443430c454d54"><span class="__cf_email__" data-cfemail="fdc4d0bcb3b0d0ae989c89899198d0bcbeb2d0bcb0b2bed0af988c88988e898ebd9b9c9cd39a928b">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager,
Continued Operational Safety Branch, FAA, to make those findings. To
be approved, the repair method, modification deviation, or
alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
(l) Related Information
(1) For more information about this AD, contact Nicole S. Tsang,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3959; email: <a href="/cdn-cgi/l/email-protection#bdd3d4ded2d1d893ce93c9cedcd3dafddbdcdc93dad2cb"><span class="__cf_email__" data-cfemail="b3dddad0dcdfd69dc09dc7c0d2ddd4f3d5d2d29dd4dcc5">[email protected]</span></a>.
(2) For Collins Aerospace service information identified in this
AD that is not incorporated by reference, contact Collins Aerospace,
15701 West 95th Street, Lenexa, KS 66219; email
<a href="/cdn-cgi/l/email-protection#064f555673646a6f6567726f6968754665696a6a6f68752865696b"><span class="__cf_email__" data-cfemail="662f353613040a0f0507120f0908152605090a0a0f08154805090b">[email protected]</span></a>; website <a href="http://tpi.beaerospace.com/Authentication">tpi.beaerospace.com/Authentication</a>. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(m) Material Incorporated by Reference
None.
Issued on June 30, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16121 Filed 7-28-23; 8:45 am]
BILLING CODE 4910-13-P
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