[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Rules and Regulations]
[Pages 6200-6202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01718]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0183; Directorate Identifier 2011-NM-131-AD; 
Amendment 39-17328; AD 2013-02-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company 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 
The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes. This AD was prompted by reports from the manufacturer 
that center overhead stowage (COS) boxes could fall from their supports 
under forward load levels less than the 9 g forward load requirements 
as defined by certain regulations. This AD requires modifying COS boxes 
by installing new brackets, stiffeners, and hardware as needed. We are 
issuing this AD to prevent detachment of COS boxes at forward load 
levels less than 9 g during an emergency landing, which would cause 
injury to passengers and/or crew, and could impede subsequent rapid 
evacuation.

DATES: This AD is effective March 6, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 6, 
2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 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, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

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 (phone: 800-647-5527) is 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: Sarah Piccola, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6483; 
fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    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 February 27, 2012 (77 FR 
11416). That NPRM proposed to require modifying COS boxes by installing 
new brackets, stiffeners, and hardware as needed.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 11416, February 27, 2012) and the FAA's response to each 
comment. United Airlines and two private citizens support the NPRM. 
Aviation Partners Boeing stated that the installation of winglets per 
Supplemental Type Certificate (STC) ST00830SE does not affect the 
actions specified in the NPRM or Boeing Special Attention Service 
Bulletin 737-25-1641, Revision 1, dated August 8, 2011.

Request To Revise the Compliance Time

    American Airlines requested that we extend the compliance time in 
the NPRM (77 FR 11416, February 27, 2012) from 60 months to 72 months 
to align with the heavy maintenance program driven by the Model 737 
Maintenance Review Board.
    We do not agree with extending the compliance time to 72 months, 
because an operator has experienced an event where the COS box did not 
remain fully attached. An increase in compliance time is not in the 
interest of public safety. We have not changed the final rule regarding 
this issue. 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, as well as the reports 
where the COS box did not remain fully attached, we have determined 
that a 60-month compliance time will ensure an acceptable level of 
safety and allow the modifications to be done during scheduled 
maintenance intervals for most affected operators. We have not changed 
the AD in this regard.

Request To Revise Language

    Boeing requested that we clarify the language of the NPRM (77 FR 
11416, February 27, 2012) and replace the words ``other products of 
this same type design'' in the paragraph ``FAA's Determination,'' with 
the words ``the Boeing 737 Next Generation (737NG) airplane prior to L/
N 3518 excluding Boeing Sky Interior (BSI).'' Boeing considered the 
existing language too general and confusing for operators.
    We disagree with changing the AD. This standard language contained 
under ``FAA's Determination'' is in all proposed airworthiness 
directives to show adherence to Part 39 of the Federal Aviation 
Regulations (14 CFR 39), and is not restated in the final rule.

Request To Revise Maximum Load

    Arkefly Airlines suggested that Boeing give the option to reduce 
the maximum load to a load that would meet the 9 g requirement without 
modification. The commenter suggested this could be incorporated by 
installing a placard with the new (reduced) maximum load.
    We disagree because the customer COS box configuration has already 
been taken into account. This AD addresses optional COS boxes. These 
boxes typically contain life rafts, palletized equipment, or 
miscellaneous equipment. Boeing based its original

[[Page 6201]]

design on the customer configurations and has determined that the 
design does not meet the 9 g load requirement. We have not changed the 
AD in this regard.

Actions Since Previous NPRM (77 FR 11416, February 27, 2012) Was Issued

    The previous NPRM (77 FR 11416, February 27, 2012) referred to 
Boeing Special Attention Service Bulletin 737-25-1641, Revision 1, 
dated August 8, 2011, as the appropriate source of service information 
for accomplishing the required actions. Since we issued the previous 
NPRM, we have reviewed Boeing Special Attention Service Bulletin 737-
25-1641, Revision 2, dated November 20, 2012, which made minor changes 
to part numbering of materials; added no additional work required by 
Boeing Special Attention Service Bulletin 737-25-1641, Revision 1, 
dated August 8, 2011; and both added and deleted airplanes from Group 2 
airplanes. The added airplanes are not in the U.S. registry. We revised 
paragraphs (c) and (g) of this AD to refer to Boeing Special Attention 
Service Bulletin 737-25-1641, Revision 2, dated November 20, 2012, and 
revised paragraph (h) to give credit for work performed before the 
effective date of the AD using Boeing Special Attention Service 
Bulletin 737-25-1641, Revision 1, dated August 8, 2011.

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 changes 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 11416, February 27, 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 11416, February 27, 2012).

Costs of Compliance

    We estimate that this AD affects 526 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Modification......................  31 work-hours x $85 per            $6,118           $8,753       $4,604,078
                                     hour = $2,635.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness 
directive (AD):

    2013-02-07 The Boeing Company: Amendment 39-17328; Docket No. 
FAA-2012-0183; Directorate Identifier 2011-NM-131-AD.

(a) Effective Date

    This AD is effective March 6, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any 
category, as identified in Boeing Special Attention Service Bulletin 
737-25-1641, Revision 1, dated August 8, 2011, as revised by Boeing 
Special Attention Service Bulletin 737-25-1641, Revision 2, dated 
November 20, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 25: Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by reports from the manufacturer that 
center overhead stowage (COS) boxes could fall from their supports 
under forward load levels less than the 9 g forward load 
requirements as defined by Federal Aviation Regulations. We are 
issuing this AD to prevent detachment of COS boxes at forward load 
levels less than 9 g during an emergency landing, which would cause 
injury to passengers and/or crew, and could impede subsequent rapid 
evacuation.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

[[Page 6202]]

(g) Modification and Installation of COS Boxes

    Within 60 months after the effective date of this AD, modify the 
COS boxes in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 737-25-1641, Revision 2, 
dated November 20, 2012.

(h) Credit for Previous Actions

    This paragraph provides credit for the modification required by 
paragraph (g) of this AD, if the modification was performed before 
the effective date of this AD using Boeing Special Attention Service 
Bulletin 737-25-1641, dated May 13, 2011, which is not incorporated 
by reference in this AD; or Boeing Special Attention Service 
Bulletin 737-25-1641, Revision 1, dated August 8, 2011.

(i) Alternative Methods of Compliance (AMOCs)

    (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. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle Aircraft 
Certification Office, to make those findings.

(j) Related Information

    (1) For more information about this AD, contact Sarah Piccola, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6483; fax: 425-917-6590; email: 
[email protected].
    (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; Internet https://www.myboeingfleet.com.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 737-25-1641, 
Revision 1, dated August 8, 2011.
    (ii) Boeing Special Attention Service Bulletin 737-25-1641, 
Revision 2, dated November 20, 2012.
    (3) For The Boeing Company service information identified in 
this AD, contact Boeing Commercial Airplanes, Attention: Data & 
Services Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-
2207; telephone 206-544-5000, extension 1; fax 206-766-5680; 
Internet https://www.myboeingfleet.com.
    (4) You may view this service information at 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.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 18, 2013.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-01718 Filed 1-29-13; 8:45 am]
BILLING CODE 4910-13-P