Rule2024-15229
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 10, 2024
Effective
July 25, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-8, 737-9, and 737-8200 airplanes and Model 737-700, -800, and -900ER series airplanes. This AD was prompted by multiple reports of passenger service unit (PSU) oxygen generators shifting out of position within their associated PSU assemblies because of a retention failure. This AD requires a general visual inspection of the PSU oxygen generator installation to determine the configuration of the thermal pads of the retention straps and applicable on-condition actions. This AD also prohibits the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.
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<title>Federal Register, Volume 89 Issue 132 (Wednesday, July 10, 2024)</title>
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[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Rules and Regulations]
[Pages 56659-56662]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15229]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 /
Rules and Regulations
[[Page 56659]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1697; Project Identifier AD-2024-00252-T;
Amendment 39-22776; AD 2024-13-02]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 737-8, 737-9, and 737-8200 airplanes and Model
737-700, -800, and -900ER series airplanes. This AD was prompted by
multiple reports of passenger service unit (PSU) oxygen generators
shifting out of position within their associated PSU assemblies because
of a retention failure. This AD requires a general visual inspection of
the PSU oxygen generator installation to determine the configuration of
the thermal pads of the retention straps and applicable on-condition
actions. This AD also prohibits the installation of affected parts. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective July 25, 2024.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 25,
2024.
The FAA must receive comments on this AD by August 26, 2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1697; 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 street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For Boeing material, contact Boeing Commercial Airplanes,
Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd.,
MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website
<a href="http://myboeingfleet.com">myboeingfleet.com</a>.
<bullet> You may view this material 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. It is also available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1697.
FOR FURTHER INFORMATION CONTACT: Nicole 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#8bc5e2e8e4e7eea5d8a5dff8eae5eccbedeaeaa5ece4fd"><span class="__cf_email__" data-cfemail="1c52757f737079324f32486f7d727b5c7a7d7d327b736a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include Docket No. FAA-2024-1697 and Project Identifier AD-
2024-00252-T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Nicole
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#dd93b4beb2b1b8f38ef389aebcb3ba9dbbbcbcf3bab2ab"><span class="__cf_email__" data-cfemail="216f48424e4d440f720f7552404f46614740400f464e57">[email protected]</span></a>. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
Background
The FAA has received multiple reports of PSU oxygen generators
shifting out of position within their associated PSU assemblies because
of a retention failure. Boeing has investigated the condition and found
that the oxygen generator retention failures were caused by a failure
of the pressure-sensitive adhesive (PSA) material on certain generator
strap thermal pads. The oxygen generator is secured to the PSU assembly
by two retention straps, with either PSA or non-PSA thermal pads. For
all reported failures, the PSA thermal pad configurations were under
the retention straps. This condition, if not addressed, could result in
shifted PSU oxygen generators that might become non-functional, which
could result in an
[[Page 56660]]
inability to provide supplemental oxygen to passengers during a
depressurization event. The FAA is issuing this AD to address the
unsafe condition on these products.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
Related Material Under 1 CFR Part 51
The FAA reviewed Boeing Special Attention Requirements Bulletin
737-35-1210 RB, dated June 17, 2024; and Boeing Special Attention
Requirements Bulletin 737-35-1211 RB, dated June 17, 2024. This
material specifies procedures for a general visual inspection of the
PSU oxygen generator installation to determine the configuration of the
thermal pads of the retention straps and applicable on-condition
actions for Group 1 and Group 2 airplanes as identified in this
material. On-condition actions include doing a general visual
inspection of the affected PSU oxygen generator to identify any
installation migration and expended oxygen, as applicable; replacing
affected PSU oxygen generators with new or serviceable PSU oxygen
generators; replacing PSA retention strap thermal pads with non-PSA
retention strap thermal pads; repositioning affected PSU oxygen
generators; and making sure affected PSU oxygen generator installation
migration is not found and oxygen has not been expended. These
documents are distinct since they apply to different airplane models.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.
AD Requirements
This AD requires accomplishing the actions identified in Boeing
Special Attention Requirements Bulletin 737-35-1210 RB, dated June 17,
2024; or Boeing Special Attention Requirements Bulletin 737-35-1211 RB,
dated June 17, 2024, already described, except for any differences
identified as exceptions in the regulatory text of this AD. This AD
also prohibits the installation of affected parts for all airplanes
identified in paragraph (c) of this AD.
For information on the procedures and compliance times, see this
material at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-1697.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because PSU oxygen generators might shift out of position within the
PSU assembly because of a retention failure and become non-functional,
which could result in an inability to provide supplemental oxygen to
passengers during a depressurization event. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
The compliance time in this AD is shorter than the time necessary
for the public to comment and for publication of the final rule. In
addition, the FAA finds that good cause exists pursuant to 5 U.S.C.
553(d) for making this amendment effective in less than 30 days, for
the same reasons the FAA found good cause to forgo notice and comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 2,612 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspection to determine thermal pad 1 work-hour x $85 per hour $0 $85 $222,020
configuration of the PSU oxygen = $85.
generator.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need these on-condition actions.
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Inspection to identify any 1 work-hour x $85 per $0........................ $85
expended oxygen and installation hour = $85.
migration, as applicable.
Replacement of PSU oxygen 1 work-hour x $85 per Up to $1,374.............. Up to $1,459.
generator. hour = $85.
Replacement of PSA retention strap 1 work-hour x $85 per $68, per pad.............. $153, per pad.
thermal pad (each PSU oxygen hour = $85, per pad.
generator has 2 pads).
Repositioning of PSU oxygen 1 work-hour x $85 per $0........................ $85
generator. hour = $85.
[[Page 56661]]
Making sure PSU oxygen generator 1 work-hour x $85 per $0........................ $85
installation migration is not hour = $85.
found and oxygen is not expended.
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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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2024-13-02 The Boeing Company: Amendment 39-22776; Docket No. FAA-
2024-1697; Project Identifier AD-2024-00252-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 25, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 737-8, 737-9,
and 737-8200 airplanes and Model 737-700, -800, and -900ER 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 multiple reports of passenger service
unit (PSU) oxygen generators shifting out of position within their
associated PSU assemblies because of a retention failure. The FAA is
issuing this AD to address PSU oxygen generators that might shift
out of position within the PSU assembly and become non-functional.
The unsafe condition, if not addressed, could result in an inability
to provide supplemental oxygen to passengers during a
depressurization event.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) For Model 737-8, 737-9, and 737-8200 airplanes as identified
in Boeing Special Attention Requirements Bulletin 737-35-1210 RB,
dated June 17, 2024: Except as specified by paragraph (h) of this
AD, at the applicable times specified in the ``Compliance''
paragraph of Boeing Special Attention Requirements Bulletin 737-35-
1210 RB, dated June 17, 2024, do all applicable actions identified
in, and in accordance with, the Accomplishment Instructions of
Boeing Special Attention Requirements Bulletin 737-35-1210 RB, dated
June 17, 2024.
Note 1 to paragraph (g)(1): Guidance for accomplishing the
actions required by this AD can be found in Boeing Special Attention
Service Bulletin 737-35-1210, dated June 17, 2024, which is referred
to in Boeing Special Attention Requirements Bulletin 737-35-1210 RB,
dated June 17, 2024.
(2) For Model 737-700, -800, and -900ER series airplanes as
identified in Boeing Special Attention Requirements Bulletin 737-35-
1211 RB, dated June 17, 2024: Except as specified by paragraph (h)
of this AD, at the applicable times specified in the ``Compliance''
paragraph of Boeing Special Attention Requirements Bulletin 737-35-
1211 RB, dated June 17, 2024, do all applicable actions identified
in, and in accordance with, the Accomplishment Instructions of
Boeing Special Attention Requirements Bulletin 737-35-1211 RB, dated
June 17, 2024.
Note 2 to paragraph (g)(2): Guidance for accomplishing the
actions required by this AD can be found in Boeing Special Attention
Service Bulletin 737-35-1211, dated June 17, 2024, which is referred
to in Boeing Special Attention Requirements Bulletin 737-35-1211 RB,
dated June 17, 2024.
(h) Exceptions to Service Information Specifications
(1) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Special Attention Requirements
Bulletin 737-35-1210 RB, dated June 17, 2024, refer to the original
issue date of Requirements Bulletin 737-35-1210 RB, this AD requires
using the effective date of this AD.
(2) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Special Attention Requirements
Bulletin 737-35-1211 RB, dated June 17, 2024, refer to the original
issue date of Requirements Bulletin 737-35-1211 RB, this AD requires
using the effective date of this AD.
(i) Parts Installation Prohibition
As of the effective date of the AD, no person may install a
pressure-sensitive adhesive (PSA) thermal pad, part number 53010 or
73667, under the PSU oxygen generator retention strap, on any
airplane.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, AIR-520, 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
(k)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#094844464a496f6868276e667f"><span class="__cf_email__" data-cfemail="dc9d91939f9cbabdbdf2bbb3aa">[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.
[[Page 56662]]
(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, AIR-
520, 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.
(k) Related Information
(1) For more information about this AD, contact Nicole 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#410f28222e2d246f126f1532202f26012720206f262e37"><span class="__cf_email__" data-cfemail="93ddfaf0fcfff6bdc0bdc7e0f2fdf4d3f5f2f2bdf4fce5">[email protected]</span></a>.
(2) Boeing material identified in this AD that is not
incorporated by reference is available at the address specified in
paragraph (l)(3) 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 material as applicable to do the actions
required by this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Requirements Bulletin 737-35-1210
RB, dated June 17, 2024.
(ii) Boeing Special Attention Requirements Bulletin 737-35-1211
RB, dated June 17, 2024.
(3) For Boeing material, contact Boeing Commercial Airplanes,
Attention: Contractual & Data Services (C&DS), 2600 Westminster
Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-
1717; website <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
(4) You may view this material 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.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#066074286f6875766365726f6968466867746728616970"><span class="__cf_email__" data-cfemail="d0b6a2feb9bea3a0b5b3a4b9bfbe90beb1a2b1feb7bfa6">[email protected]</span></a>.
Issued on June 20, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-15229 Filed 7-8-24; 11:15 am]
BILLING CODE 4910-13-P
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