[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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    (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]
BILLING CODE 4910-13-P