AD 2013-08-09

This AD is effective May 23, 2013.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of May 23, 2013.

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, Washington. For information on the availability of this material at the FAA, call 425-227-1221.

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.

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 September 11, 2012 (77 FR 55768). That NPRM proposed to require, for certain airplanes, performing a detailed inspection of certain areas of the airplane oxygen system to ensure clamshell couplers are installed and fully latched, and corrective actions if necessary. For all airplanes, that NPRM proposed to require performing and meeting the requirements of the low pressure leak test.

We gave the public the opportunity to participate in developing this AD. The Boeing Company and Kristopher Charles Kleiner supported this final rule. The following presents the comment received on the NPRM (77 FR 55768, September 11, 2012) and the FAA's response to the comment.

Air New Zealand requested clarification of Note 1 to paragraph (i) of the NPRM (77 FR 55768, September 11, 2012). Air New Zealand asked if the FAA intended to state a specific revision for the installation of the clamshell coupler in Subject 35-00-00, Oxygen, of Chapter 35, Oxygen, of Part II, Practices and Procedures, of the Boeing 777 Aircraft Maintenance Manual, Revision 65, dated May 5, 2012, knowing that it will be revised within the time frame of this NPRM. Air New Zealand also asked if an alternative method of compliance (AMOC) will be required if an operator intends to use a later revision of the maintenance manual.

We agree to provide clarification of Note 1 to paragraph (i) of the NPRM (77 FR 55768, September 11, 2012). Note 1 to paragraph (i) of the NPRM is provided as guidance and is not an AD requirement; therefore, approval of an AMOC will not be required for using later revisions of the maintenance manual. Since we issued the NPRM, the aircraft maintenance manual has been revised. We have updated Note 1 to paragraph (i) of this AD with the latest revision. We have changed this AD accordingly.

We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting the AD 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 (77 FR 55768, September 11, 2012) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (77 FR 55768, September 11, 2012).

We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.

We estimate that this AD affects 6 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD.

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):