[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Rules and Regulations]
[Pages 8295-8297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1847]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-80-AD; Amendment 39-9127; AD 95-02-08]


Airworthiness Directives; Boeing Model 737 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 737 series airplanes, that requires 
modification of certain fuselage support structure for the number 2 
galley. This amendment is prompted by results of engineering tests and 
analyses which revealed that certain fuselage support structure for the 
number 2 galley is unable to support certain loads that may occur 
during emergency landing conditions. If the fuselage support structure 
breaks, the galley may shift and cause blockage of the forward service 
door (galley door). The actions specified by this AD are intended to 
prevent inability of passengers and crew to exit the airplane through 
this door after an emergency landing.

DATES: Effective March 16, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 16, 1995.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Thomas Rodriguez, Aerospace Engineer, 
Airframe Branch, ANM-120S, Seattle Aircraft Certification Office, FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (206) 227-2779; fax (206) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 737 series 
airplanes was published in the Federal Register on September 1, 1994 
(59 FR 45249). That action proposed to require modification of certain 
fuselage support structure for the number 2 galley.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Two commenters support the proposed rule.
    One commenter requests that the issuance of the proposed AD be 
delayed until a revision to the referenced service bulletin is issued 
by the manufacturer. The commenter states that by the time the revision 
is issued, which is expected to be in the second quarter of 1995, the 
manufacturer will be able to supply required modification parts ``that 
fit.'' The FAA does not concur. The FAA does not consider that delaying 
this action until after the release of the manufacturer's planned 
service bulletin is warranted, since sufficient technology currently 
exists to perform the modification within the compliance time. Neither 
the manufacturer nor any operator has notified the FAA of any problems 
involving improper fit of parts for the required modification. However, 
paragraph (b) of the final rule does provide affected operators the 
opportunity to request an adjustment of the compliance time if a 
situation were to arise where ample required parts were not available.
    One commenter requests that the proposed compliance time of 18 
months be extended for an additional 18 months to allow operators to 
schedule a heavy maintenance visit in which to accomplish the required 
modification. The FAA does not concur. In developing an appropriate 
compliance time for this action, the FAA considered not only the safety 
implications, but the availability of required parts, as well as normal 
maintenance schedules for timely accomplishment of the modification. 
The FAA determined that an 18-month compliance time provides sufficient 
time within which the majority of affected operators can schedule a 
heavy maintenance visit, and an acceptable level of safety can be 
maintained. However, paragraph (b) of the final rule does provide 
affected [[Page 8296]] operators the opportunity to apply for an 
adjustment of the compliance time if sufficient data are presented to 
justify such an adjustment.
    One commenter requests that certain editorial changes be made to 
the rule. The commenter notes that the proposed rule refers to ``the 
forward service door,'' but the commenter suggests that the term, 
``galley door,'' is a more commonly recognized term when referring to 
the right-hand forward door. The FAA concurs that clarification is 
necessary, and has revised the final rule to express the term, ``galley 
door,'' parenthetically after each mention of the forward service door.
    This commenter also requests that the rule be clarified to show 
that the results of engineering tests and analyses revealed that the 
``fuselage support structure'' is unable to support certain loads, 
rather than the ``galley support structure'' or ``overhead tie rods,'' 
as indicated in the preamble to the proposed rule. The FAA concurs, and 
the description of the unsafe condition has been revised in this final 
rule to reflect this clarification.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been added to this final rule to clarify this requirement.
    The FAA has recently reviewed the figures it has used over the past 
several years in calculating the economic impact of AD activity. In 
order to account for various inflationary costs in the airline 
industry, the FAA has determined that it is necessary to increase the 
labor rate used in these calculations from $55 per work hour to $60 per 
work hour. The economic impact information, below, has been revised to 
reflect this increase in the specified hourly labor rate.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.
    There are approximately 613 Model 737 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 139 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 64 work hours per airplane to accomplish the 
required actions, and that the average labor rate is $60 per work hour. 
Required parts will cost approximately $1,205 per airplane. Based on 
these figures, the total cost impact of the AD on U.S. operators is 
estimated to be $701,255, or $5,045 per airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

    Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-02-08  Boeing: Amendment 39-9127. Docket 94-NM-80-AD.

    Applicability: Model 737 series airplanes; as listed in Boeing 
Service Bulletin 737-53-1154, dated November 11, 1993; equipped with 
rectangular intercostal support structures from Body Station (BS) 
344 to BS 360 (inclusive) and a number 2 galley weight exceeding 
1,170 pounds (including any attached equipment that imposes loads on 
the galley), or equipped with triangular intercostal support 
structures from BS 344 to BS 360 (inclusive) and a number 2 galley 
weight exceeding 1,050 pounds (including any attached equipment that 
imposes loads on the galley); certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (b) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    -Compliance: Required as indicated, unless accomplished 
previously.
    To prevent inability of passengers and crew to exit the forward 
service door (galley door) during an emergency landing condition, 
accomplish the following:
    (a) Within 18 months after the effective date of this AD, modify 
the airplane support structure from BS 344 to BS 360 (inclusive), in 
accordance with Boeing Service Bulletin 737-53-1154, dated November 
11, 1993.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle, ACO.

    [[Page 8297]] (c) Special flight permits may be issued in 
accordance with sections 21.197 and 21.199 of the Federal Aviation 
Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a 
location where the requirements of this AD can be accomplished.
    (d) The modification shall be done in accordance with Boeing 
Service Bulletin 737-53-1154, dated November 11, 1993. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Boeing Commercial Airplane Group, 
P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on March 16, 1995.

    Issued in Renton, Washington, on January 19, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-1847 Filed 2-13-95; 8:45 am]
BILLING CODE 4910-13-U