[Federal Register Volume 69, Number 89 (Friday, May 7, 2004)]
[Proposed Rules]
[Pages 25505-25507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10383]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-324-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-100, -200, -300, -400, 
and -500 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Boeing Model 737 
series airplanes, that currently requires modification of certain 
fuselage support structure for the number 2 galley. This action would 
require modification of the same support structure using new methods 
based on new calculations. This action also would expand the 
applicability of the existing AD to include additional airplanes. The 
actions specified by the proposed AD are intended to prevent the galley 
from shifting, which could limit access to the galley door during 
emergencies, and result in injury to passengers and flightcrew. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by June 21, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-324-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-324-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Keith Ladderud, Aerospace Engineer, 
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, 
SW., Renton, Washington 98055-4056; telephone (425) 917-6435; fax (425) 
917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications

[[Page 25506]]

received on or before the closing date for comments, specified above, 
will be considered before taking action on the proposed rule. The 
proposals contained in this action may be changed in light of the 
comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-324-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-324-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On January 19, 1995, the FAA issued AD 95-02-08, amendment 39-9127 
(60 FR 8295, February 14, 1995), applicable to certain Boeing Model 737 
series airplanes, to require modification of certain fuselage support 
structure for the number 2 galley. That action was 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 requirements of 
that AD are intended to prevent inability of passengers and crew to 
exit the airplane through this door after an emergency landing.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA has determined that the 
calculations used in the initial release of Boeing Service Bulletin 
737-53-1154 were incorrect, and the modification required by that AD 
was inadequate. Also since issuance of that AD, additional airplanes 
have been identified that require modification. The actions proposed in 
this AD are intended to prevent the galley from shifting, which could 
limit access to the galley door during emergencies, and result in 
injury to passengers and flightcrew.

Issuance of New Service Information

    The FAA has reviewed and approved Boeing Special Attention Service 
Bulletin 737-53-1154, Revision 1, dated October 3, 2002, which 
describes various procedures depending on the configuration group to 
which the airplane belongs.
    For airplanes identified in the service bulletin as Group 1, that 
have a galley operating weight of 995 pounds or less, the service 
bulletin states that no change is required. For airplanes identified in 
the service bulletin as Group 1 with a galley operating weight of 996 
pounds or greater, the service bulletin advises contacting Boeing for 
modification instructions.
    For airplanes identified in the service bulletin as Group 2, on 
which the modifications based on the initial release of the service 
bulletin have been incorporated, the service bulletin advises 
contacting Boeing for modification instructions.
    For airplanes identified as Groups 3 through 9, the service 
bulletin describes procedures for determining the galley modification 
requirements by identifying the maximum allowable operating weight of 
the galley; for identifying the type of intercostal (triangular or 
rectangular) that is installed at stringer 5R; and for determining if 
the body station (BS) 360 frame has shear-ties from stringer 3R to 
stringer 7R. If there are any problems with identifying the 
modification requirements (e.g., if the existing structure matches the 
structure applicable to a different configuration group), the service 
bulletin recommends contacting Boeing.
    For airplanes identified in the service bulletin as Groups 3 
through 9 that were not modified in accordance with the initial release 
of the service bulletin, Part I of the Accomplishment Instructions 
describes the following procedures:
     For Groups 3, 4, and 5: replacing the triangular 
intercostal with a rectangular intercostal.
     For Groups 3 through 8: installing a shear-tie kit, and 
installing a stringer clip kit.
     Groups 3 through 9: installing a radius strap kit.
    For airplanes identified in the service bulletin as Groups 3 
through 8 that were modified in accordance with the initial release of 
the service bulletin; Part II of the Accomplishment Instructions in the 
service bulletin describes the following procedures:
     Inspecting to verify that the shear-ties are attached to 
the BS 360 frame, retrofitting, or contacting Boeing for instructions; 
as applicable.
     Installing a supplemental parts kit on the rectangular 
intercostal; installing a radius strap kit; and contacting Boeing if a 
kit cannot be installed.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would supersede AD 95-02-08 to continue to require 
modification of certain fuselage support structure for the number 2 
galley. This new action would require modification of the same fuselage 
support structure using different modification methods based on new 
calculations. This new action would also apply to additional airplanes 
that were delivered with a single number 2 galley support intercostal 
at stringer 5R. The actions would be required to be accomplished in 
accordance with the service bulletin described previously, except as 
discussed below.

Difference Between the Proposed AD and the Service Bulletin

    Although the service bulletin specifies that operators may contact 
the manufacturer for disposition of certain modifications, this 
proposed AD would require operators to make modifications per a method 
approved by the FAA, or per data meeting the type certification basis 
of the airplane approved by a Boeing Company Designated Engineering 
Representative who has been authorized by the FAA to make such 
findings.

[[Page 25507]]

Explanation of Change in Applicability

    Additional airplanes are included in the applicability of the 
proposed AD that were not included in AD 95-02-08. The additional 
airplanes are included in the proposed AD because airplanes of a 
certain configuration were not included in the original issue of the 
service bulletin, and this configuration requires modification.

Clarification of Compliance Time

    The service bulletin specifies doing the actions at the next 
maintenance check. Because maintenance schedules vary among operators, 
this proposed AD would require accomplishment of the actions within 18 
months after the effective date of the proposed AD. We find that 18 
months is within an interval of time that parallels normal scheduled 
maintenance for most affected operators and is appropriate for affected 
airplanes to continue to operate without compromising safety.

Cost Impact

    There are approximately 583 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 170 airplanes of U.S. registry 
would be affected by this proposed AD.
    The new actions that are proposed in this AD would take between 8 
and 22 work hours per airplane to accomplish, depending on the 
airplane's configuration. The average labor rate is $65 per work hour. 
Required parts would cost between $5,200 and $23,790 per airplane, 
depending on the airplane's configuration. Based on these figures, the 
cost impact of the proposed requirements of this AD on U.S. operators 
is estimated to be between $5,720 and $25,220 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted. The cost 
impact figures discussed in AD rulemaking actions represent only the 
time necessary to perform the specific actions actually required by the 
AD. These figures typically do not include incidental costs, such as 
the time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9127 (60 FR 
8295, February 14, 1995), and by adding a new airworthiness directive 
(AD), to read as follows:

Boeing: Docket 2002-NM-324-AD. Supersedes AD 95-02-08, Amendment 39-
9127.

    Applicability: Model 737-100, -200, -300, -400, and -500 series 
airplanes; as listed in Boeing Special Attention Service Bulletin 
737-53-1154, Revision 1, dated October 3, 2002; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the galley from shifting, which could limit access to 
the galley door during emergencies, and result in injury to 
passengers and flightcrew, accomplish the following:

Service Bulletin Reference

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 737-53-1154, Revision 1, dated October 3, 2002.

Modification

    (b) Except as provided by paragraph (c) of this AD: Within 18 
months after the effective date of this AD, modify the upper 
attachment support structure of galley 2 from body station (BS) 344 
to 360 (inclusive) between right stringers 3 and 7, per the service 
bulletin.
    (c) For airplanes listed in paragraphs (c)(1) through (c)(3) of 
this AD: Within 18 months after the effective date of this AD, do 
the modification in paragraph (b) of this AD per a method approved 
by the Manager, Seattle Aircraft Certification Office (ACO), FAA; or 
per data meeting the type certification basis of the airplane 
approved by a Boeing Company Designated Engineering Representative 
who has been authorized by the Manager, Seattle ACO, to make such 
findings. For a modification method to be approved, the approval 
must specifically reference this AD.
    (1) Airplanes listed as Group 1 in the service bulletin, on 
which the galley has an allowable operating weight of 996 pounds or 
more.
    (2) Airplanes listed as Group 2 in the service bulletin, on 
which the modifications specified in the initial release of the 
service bulletin have been incorporated.
    (3) Airplanes listed as Groups 3 through 9 in the service 
bulletin for which the service bulletin specifies to contact Boeing.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, Seattle ACO, 
FAA, is authorized to approve alternative methods of compliance 
(AMOCs) for this AD.

    Issued in Renton, Washington, on April 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10383 Filed 5-6-04; 8:45 am]
BILLING CODE 4910-13-P