[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27698-27702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13305]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0163; Directorate Identifier 2007-NM-046-AD;
Amendment 39-15929; AD 2009-12-06]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-300, -400, -500, -600,
-700, -700C, -800, and -900 Series 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
Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and -900
series airplanes. This AD requires installing a new circuit breaker,
relays, and wiring to allow the flightcrew to turn off electrical power
to the in-flight entertainment (IFE) systems and other non-essential
electrical systems through a switch in the flight compartment, and
doing other specified actions. This AD results from an IFE systems
review. We are issuing this AD to ensure that the flightcrew is able to
turn off electrical power to IFE systems and other non-essential
electrical systems through a switch in the flight compartment. The
flightcrew's inability to turn off power to IFE systems and other non-
essential electrical systems during a non-normal or emergency situation
could result in the inability to control smoke or fumes in the airplane
flight deck or cabin.
DATES: This AD is effective July 16, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 16,
2009.
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; e-mail [email protected];
Internet https://www.myboeingfleet.com.
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 (telephone 800-647-5527) is the 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: Joe Salameh, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone 425-917-6454; fax 425-917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and
-900 series airplanes. That NPRM was published in the Federal Register
on November 7, 2007 (72 FR 62802). That NPRM proposed to require
installing a new circuit breaker, relays, and wiring to allow the
flightcrew to turn off
[[Page 27699]]
electrical power to the in-flight entertainment (IFE) systems and other
non-essential electrical systems through a switch in the flight
compartment, and doing other specified actions.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the six commenters.
Request To Exclude Certain Airplanes From the Applicability
Mr. Ian S. Murton requests that we revise paragraph (c)(2) of the
applicability of the NPRM to exclude Model 737-700 series airplanes
having variable numbers (V/Ns) YB101 through YB114 inclusive. These
airplanes are listed in the effectivity of Boeing Service Bulletin 737-
24-1147, Revision 1, dated March 1, 2007, which is referenced in
paragraph (c)(2) of the NPRM. As justification, the commenter states
that the operator of these airplanes has owned the airplanes since
delivery from Boeing, and that IFE systems are not installed on these
airplanes. The commenter also states that the operator took possession
of the airplane having V/N YB114 18 months after Boeing issued the
original issue of Boeing Service Bulletin 737-24-1147, dated November
20, 2003, and that the operator decided not to accomplish the actions
specified in that service bulletin. The commenter would like to know
how the proposed requirements of the NPRM would affect this range of
airplanes. The commenter also states that perhaps the applicability of
the NPRM should be amended to include only airplanes that have the IFE
systems installed.
We disagree with revising the applicability of this AD because we
have determined that the unsafe condition exists on the airplanes
identified in the Boeing service bulletins that are referenced in
paragraph (c) of this AD. The effectivities of those service bulletins
are based upon the delivered configuration of the airplanes. Boeing has
confirmed that it installed IFE systems on airplanes having V/Ns YB101
through YB114 inclusive. If the IFE systems were either removed after
delivery, or have never been installed contrary to the effectivity of
Boeing Service Bulletin 737-24-1147, Revision 1, dated March 1, 2007,
then under the provisions of paragraph (k) of this AD, we will consider
requests for approval of an alternative method of compliance (AMOC) if
sufficient data are submitted to substantiate that the design change is
not necessary. We have not changed the AD in this regard.
Request To Exclude Certain Boeing Business Jets From the Applicability
Boeing Executive Flight Operations requests that we revise
paragraph (c) of the applicability of the NPRM to exclude certain
Boeing business jets (BBJs) equipped with a passenger entertainment
switch (PES), certified under a Supplemental Type Certificate (STC). If
these airplanes are not excluded from the applicability, then the
commenter requests that the FAA provide additional detail on what
specific interior systems or equipment need to have a means of
disconnection, so that operators can accurately petition and apply for
an AMOC. The commenter states that Boeing delivered these airplanes
without an interior to a customized completion center, where they were
modified to a custom interior specification and design that are
certified by an STC.
According to the commenter, many of the BBJ interior installations
incorporate either a PES, or load shed switching, that will remove
power from the interior equipment and systems, as required by sections
25.1309, 25.1351, 25.1353, and 25.1355 of the Federal Aviation
Regulations (14 CFR 25.1309, 14 CFR 25.1351, 14 CFR 25.1353, and 14 CFR
25.1355). The commenter also states that Boeing Service Bulletin 737-
24-1147, Revision 1, dated March 1, 2007, does not consider the BBJ and
BBJ2 configurations separate from commercial airline interior
configurations and does not provide enough details as to what systems
or equipment need to be isolated with the PES disconnects.
We disagree with revising the applicability of this AD because we
have determined that the unsafe condition exists on the airplanes
identified in the Boeing service bulletins that are referenced in
paragraph (c) of this AD. The effectivities of those service bulletins
are based upon the delivered configuration of the airplanes.
The ``load shed switching'' function is for an overload condition
during normal operation where power will be removed from non-essential
systems, such as galley, IFE systems, etc. This AD, however, has a
different purpose, which is to independently remove power from the IFE
systems and other non-essential equipment in case of emergency,
according to FAA Policy Memorandum PS-ANM100-2000-00105, ``Interim
Policy Guidance for Certification of In-Flight Entertainment Systems on
Title 14 CFR Part 25 Aircraft,'' dated September 18, 2000. Policy
Memorandum PS-ANM100-2000-00105 specifies that there should be a manual
main shutoff switch within reach of flight or cabin crews to be used in
case of emergency to shut off all non-essential power. FAA Policy
Memorandum ANM-01-111-165, ``Policy Statement on Certification of Power
Supply Systems for Portable Electronic Devices (PES) on Part 25
Airplanes,'' dated March 18, 2005, covers the PES power removal switch
as well.
Under the provisions of paragraph (k) of this AD, we will consider
requests for approval of an AMOC if sufficient data are submitted to
substantiate that an alternate design change would provide an
acceptable level of safety. We have not changed the AD in this regard.
Requests To Allow Certain Service Bulletins as AMOCs
Aircraft Maintenance Engineering Services SARL requests that we
consider the following service information as AMOCs to the proposed
requirements of the NPRM:
Lufthansa Technik Engineering Bulletin 737-EB24-0073,
Revision 01, for addressing the unsafe condition on the Model 737-700
series airplane having serial number (S/N) 29972.
Lufthansa Technik Engineering Bulletin 737-EB24-0088,
Revision 01, for addressing the unsafe condition on the Model 737-800
series airplane having S/N 32438.
Raytheon Service Bulletin 737IGW-24-1, dated August 11,
2000, for addressing the unsafe condition on the Model 737-700 series
airplane having S/N 28976.
The commenter states that these bulletins address the intent of
Boeing Service Bulletin 737-24-1147, Revision 1, dated March 1, 2007.
The Lufthansa Technik engineering bulletins provide procedures for
installing a cut-off switch in the P5 panel to interrupt electrical
power to the IFE system. The Raytheon service bulletin provides
procedures for installing a flight compartment switch for removing
power from the IFE systems and other non-essential systems. The
procedures in the Raytheon service bulletin were accomplished in
accordance with STC ST09106AC-D, issued July 6, 2000.
We disagree because an AMOC can be granted only after an AD has
been issued. In addition, we have not included the Lufthansa and
Raytheon service bulletins as a method of compliance within this AD; we
do not consider it appropriate to include various provisions in an AD
applicable only to individual airplane serial
[[Page 27700]]
numbers or to a single operator's unique use of an affected airplane.
Once we issue this AD, the commenter may request approval of an AMOC
under the provisions of paragraph (k) of this AD. Sufficient data must
be submitted to substantiate that the design change would provide an
acceptable level of safety. We have not changed the AD in this regard.
Request To Revise Paragraph (f) of the NPRM
Boeing requests that we delete the last sentence of paragraph (f)
of the NPRM, which states: ``Concurrently Modify P5-13 Module Assembly
on Model 737-300 Series Airplanes.'' Boeing states that the sentence is
redundant and confusing because the concurrent requirements are
addressed by paragraph (h) of the NPRM, and that those requirements
only apply to a certain group of airplanes.
We disagree because the phrase that the commenter refers to is not
a sentence in paragraph (f) of the NPRM. That phrase is the heading for
paragraph (g) of the NPRM, which gives the concurrent requirements. No
change to the AD is necessary in this regard.
Request To Extend the Compliance Time
The Air Transport Association, on behalf of its member American
Airlines, requests that we extend the compliance time from 60 to 72
months. American Airlines states that it is requesting this extension
to align the compliance time with its heavy maintenance program and to
avoid an unnecessary financial burden. American Airlines states that
incorporating the modification requires extensive ``power off A/C
time,'' and that this can be accommodated only at a heavy C check,
which is scheduled by most in the industry at 72-month intervals.
American Airlines also states that the proposed 60-month compliance
time will have a substantial impact by requiring the unscheduled
removal of its airplanes from service. American Airlines estimates that
14 of its affected airplanes will require special scheduling and out-
of-service time, which equates to about 42 days for an additional cost
impact of $600,000.
We disagree with extending the compliance time. In developing an
appropriate compliance time for this action, we considered the safety
implications, parts availability, and normal maintenance schedules for
the timely accomplishment of the modification. In consideration of
these items, we have determined that a 60-month compliance time will
ensure an acceptable level of safety. However, according to the
provisions of paragraph (k) of this AD, we might approve requests to
adjust the compliance time if the request includes data that prove that
the new compliance time would provide an acceptable level of safety. We
have not changed the AD in this regard.
Change Made to Paragraph (i) of This AD
We have revised paragraph (i) of this AD to specify that the
requirements of that paragraph apply to ``* * * Groups 3 through 139. *
* *'' In the NPRM, we inadvertently specified that the proposed
requirements would apply to Groups 1 through 139. This change agrees
with paragraph 1.B. of Boeing Service Bulletin 737-24-1147, Revision 1,
dated March 1, 2007.
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 change described previously. We also determined that
this change will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
There are about 1,617 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs, at
an average labor rate of $80 per hour, for U.S. operators to comply
with this AD.
Estimated Costs
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Number of U.S.
Model Action Work hours Parts Cost per registered Fleet cost
airplane airplanes
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737-300, -400, and -500 series Installation of Up to 31................ Up to $2,925........... $5,405 1 $5,405
airplanes. circuit breaker,
relays, and wiring.
737-300 series airplanes........ Concurrent 1....................... $2,327................. 2,407 1 2,407
modification of P5-
13 module assembly.
737-600, -700, -700C, -800, and - Installation of Up to 52................ Up to $10,968.......... 15,128 586 8,865,008
900 series airplanes. circuit breaker,
relays, and wiring.
Concurrent 4....................... $9,241................. 9,561 586 5,602,746
modification of P5-
13 module assembly.
737-800 series airplanes........ Installation of 12...................... $3,372................. 4,332 2 8,664
wiring for the No.
4 VDU.
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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.
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
[[Page 27701]]
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), 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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 AD:
2009-12-06 Boeing:
Amendment 39-15929. Docket No. FAA-2007-0163; Directorate
Identifier 2007-NM-046-AD.
Effective Date
(a) This airworthiness directive (AD) is effective July 16,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the Boeing airplanes identified in
paragraphs (c)(1) and (c)(2) of this AD, certificated in any
category.
(1) Model 737-300, -400, and -500 series airplanes, as
identified in Boeing Service Bulletin 737-24-1145, dated March 4,
2004.
(2) Model 737-600, -700, -700C, -800, and -900 series airplanes,
as identified in Boeing Service Bulletin 737-24-1147, Revision 1,
dated March 1, 2007.
Unsafe Condition
(d) This AD results from an in-flight entertainment (IFE)
systems review. We are issuing this AD to ensure that the flightcrew
is able to turn off electrical power to IFE systems and other non-
essential electrical systems through a switch in the flight
compartment. The flightcrew's inability to turn off power to IFE
systems and other non-essential electrical systems during a non-
normal or emergency situation could result in the inability to
control smoke or fumes in the airplane flight deck or cabin.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Install Circuit Breaker, Relays, and Wiring on Model 737-300, -400, and
-500 Series Airplanes
(f) For Model 737-300, -400, and -500 series airplanes: Within
60 months after the effective date of this AD, install a new circuit
breaker, relays, and wiring to allow the flightcrew to turn off
electrical power to the IFE systems through the IFE/galley switch
and do all other specified actions as applicable, by accomplishing
all the applicable actions specified in the Accomplishment
Instructions of Boeing Service Bulletin 737-24-1145, dated March 4,
2004.
Concurrently Modify P5-13 Module Assembly on Model 737-300 Series
Airplanes
(g) For Model 737-300 series airplanes identified as Group 6
airplanes in Boeing Service Bulletin 737-24-1145, dated March 4,
2004, and equipped with P5-13 module assembly part number (P/N) 69-
37321-81: Prior to or concurrently with accomplishing the actions
required by paragraph (f) of this AD, replace the lightplate
assembly of the P5-13 module assembly with a new lightplate assembly
and reidentify and test the modified P5-13 module assembly, in
accordance with the Accomplishment Instructions of Boeing Component
Service Bulletin 69-37321-31-03, dated August 21, 2003.
Install Circuit Breaker, Relays, and Wiring on Model 737-600, -700, -
700C, -800, and -900 Series Airplanes
(h) For Model 737-600, -700, -700C, -800, and -900 series
airplanes: Within 60 months after the effective date of this AD,
install a new circuit breaker, relays, and wiring, as applicable, to
allow the flightcrew to turn off electrical power to the IFE systems
and other non-essential electrical systems through a utility switch
in the flight compartment, by accomplishing all of the applicable
actions specified in Parts 1, 2, or 3 of the Work Instructions of
Boeing Service Bulletin 737-24-1147, Revision 1, dated March 1,
2007.
Concurrently Modify P5-13 Module Assembly on Model 737-600, -700, -
700C, -800, and -900 Series Airplanes
(i) For Model 737-600, -700, -700C, -800, and -900 series
airplanes identified as Groups 3 through 139 inclusive in Boeing
Service Bulletin 737-24-1147, Revision 1, dated March 1, 2007, and
equipped with P5-13 module assembly P/N 285A1840-3 or -4: Prior to
or concurrently with accomplishing the actions required by paragraph
(h) of this AD, modify the P5-13 module assembly, in accordance with
the Accomplishment Instructions of Boeing Component Service Bulletin
285A1840-24-02, dated August 28, 2003.
Wiring Installation for the Video Display Unit (VDU)
(j) For Model 737-800 series airplanes identified in paragraph
1.A.1. of Boeing Service Bulletin 737-23-1189, dated June 27, 2002:
Prior to or concurrently with accomplishing the actions required by
paragraph (h) of this AD, install wiring for the No. 4 VDU cluster,
an INOP marker, and stow clip at the P6-1 circuit breaker panel;
reroute certain wiring for the No. 4 VDU cluster between stations
685 and 767; and do a continuity test of the newly installed and
rerouted wiring; in accordance with the Accomplishment Instructions
of Boeing Service Bulletin 737-23-1189, dated June 27, 2002.
Alternative Methods of Compliance (AMOCs)
(k)(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. Send information to
Attn: Joe Salameh, Aerospace Engineer, Systems and Equipment Branch,
ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone 425-917-6454; fax 425-917-6590. Or,
e-mail information to [email protected].
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
Material Incorporated by Reference
(l) You must use the applicable service information contained in
Table 1 of this AD to do the actions required by this AD, unless the
AD specifies otherwise.
Table 1--Material Incorporated by Reference
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Service information Revision level Date
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Boeing Component Service Bulletin 69- Original.......................... August 21, 2003.
37321-31-03.
[[Page 27702]]
Boeing Component Service Bulletin Original.......................... August 28, 2003.
285A1840-24-02.
Boeing Service Bulletin 737-23-1189..... Original.......................... June 27, 2002.
Boeing Service Bulletin 737-24-1145..... Original.......................... March 4, 2004.
Boeing Service Bulletin 737-24-1147..... 1................................. March 1, 2007.
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(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) 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; e-mail
[email protected]; Internet https://www.myboeingfleet.com.
(3) You may review copies of the 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 or 425-227-1152.
(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/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on June 1, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-13305 Filed 6-10-09; 8:45 am]
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