[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Rules and Regulations]
[Pages 10337-10340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03033]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0670; Directorate Identifier 2013-NM-081-AD; 
Amendment 39-17756; AD 2014-03-19]
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, -800, -900, and -900ER series 
airplanes modified by particular supplemental type certificates (STCs). 
This AD was prompted by reports of cracks found during inspections of 
the in-flight entertainment system radome assembly. This AD requires 
repetitive detailed inspections for cracks in the radome assembly, and 
replacement of the radome if necessary. We are issuing this AD to 
detect and correct cracks in the in-flight entertainment system radome 
assembly, which could result in the radome (or pieces) separating from 
the airplane and striking the tail, and consequently reducing the 
controllability of the airplane.

DATES: This AD is effective April 1, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 1, 
2014.

ADDRESSES: For service information identified in this AD, contact Live 
TV, 8900 Hangar Boulevard, Orlando, FL 32827; phone: 407-812-2600; fax: 
407-812-2526; Internet http://www.livetv.net. You may view this 
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://

[[Page 10338]]

www.regulations.gov by searching for and locating Docket No. FAA-2013-
0670; 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 Docket 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: Barry Culler, Aerospace Engineer, 
Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office 
(ACO), 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-
5546; fax: 404-474-5605; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain the Boeing Company 
Model 737-600, -700, -800, -900, and -900ER series airplanes modified 
by particular supplemental type certificates (STCs). The NPRM published 
in the Federal Register on August 5, 2013 (78 FR 47233). The NPRM was 
prompted by reports of cracks found during inspections of the in-flight 
entertainment system radome assembly. The NPRM proposed to require 
repetitive detailed inspections for cracks in the radome assembly, and 
replacement of the radome if necessary. We are issuing this AD to 
detect and correct cracks in the in-flight entertainment system radome 
assembly, which could result in the radome (or pieces) separating from 
the airplane and striking the tail, and consequently reducing the 
controllability of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 47233, August 5, 2013) and the FAA's response to each comment.
    Boeing stated that it does not have sufficient information 
regarding the supplemental type certificates (STCs) referenced in the 
NPRM (78 FR 47233, August 5, 2013); therefore, it has no comment.
    Aviation Partners Boeing stated that the installation of winglets 
per STC ST00830SE (http://rgl.faa.gov/Regulatory;--and--Guidance--
Library/rgstc.nsf/0/
DA95C49000906C7086257BE80044D3D9?OpenDocument&Highlight=st00830se) does 
not affect the accomplishment of the manufacturer's service 
instructions.

Request To Remove Reporting Requirement

    United Air Lines (UAL) requested that the FAA and Live TV re-
evaluate the need for the reporting requirement proposed in paragraph 
(h) of the NPRM (78 FR 47233, August 5, 2013), and remove this proposed 
requirement. UAL questioned why operators would be required to fill out 
the service bulletin reporting form provided in Live TV Service 
Bulletin B737-53-0011, dated March 29, 2013, mentioned in paragraph (h) 
of the NPRM, and send it to Live TV every time cracking is found on a 
radome. UAL stated that any radome with cracking would be sent back to 
the manufacturer with an unserviceable tag attached and that the 
information on the tag would be the same information requested on the 
service bulletin reporting form. UAL also noted that the information 
requested on the reporting form is redundant because the reporting form 
states that when cracking is found on a radome, the technician has to 
record his or her name, service work order, and location of 
accomplishment.
    We do not agree to remove the reporting requirement from this final 
rule. For this AD, Live TV is the STC design approval holder (DAH) and 
is gathering information reported by operators and reporting this 
information to the FAA. There is no regulatory requirement for an 
operator to return a part to a manufacturer. Regarding this final rule, 
we agree that an operator may voluntarily provide a cracked radome to 
Live TV, the STC DAH; however, if a reporting requirement was not 
mandated by this AD, an operator might elect to repair a cracked radome 
itself, or send it to another facility for repair, instead of sending 
it to Live TV, so the information requested in the reporting 
requirement might not be shared with Live TV. We have not changed this 
final rule in this regard.

Request for Reporting Guidance

    UAL noted that the NPRM (78 FR 47233, August 5, 2013) proposed to 
require operators to record and report the serial number of any cracked 
radome. UAL stated that numerous times it has discovered that the 
radome data plate, which has the serial number specified on it, is 
missing. UAL commented that it can be difficult to use an operator's 
record keeping system to determine the serial number of a radome 
because the radome could have been rotated among airplanes. UAL 
requested guidance regarding what to do if the data plate is missing 
from a radome.
    We agree that the serial number is an important piece of 
information for the reporting requirement of this final rule. However, 
this final rule does not require an operator to identify the radome's 
serial number prior to inspection. The reporting requirement is only 
required if cracking is found in the radome during the inspection. If 
cracking is found during the inspection an operator has 30 days to 
provide the report. This timeframe should be sufficient for operators 
to identify the radome's serial number by looking at the data plate or 
the searching the operator's tracking system. The reporting requirement 
is meant to help Live TV and the FAA trace back to the fabrication 
records for potential causes of cracking in the radome.
    Based on review and consideration during Weibull Analysis, we 
believe that rotating radomes among airplanes is not a common 
occurrence. It is ultimately the operator's responsibility to maintain 
its airplane configurations and subsequently provide the required 
serial number information. We have not changed this final rule in this 
regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in 
the NPRM (78 FR 47233, August 5, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 47233, August 5, 2013).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 165 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 10339]]



                                                 Estimated Costs
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                                                                                                Cost on U.S.
             Action                    Labor cost        Parts cost      Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Inspections.....................  1 work-hour x $85               N/A  $85, per inspection  $14,025, per
                                   per hour = $85,                      cycle.               inspection cycle
                                   per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspections. We have 
no way of determining the number of aircraft that might need this 
replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement..................................  8 work-hours x $85 per hour =           $23,000          $23,680
                                                $680.
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information 
Collection Clearance Officer, AES-200.

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):

2014-03-19 the Boeing Company: Amendment 39-17756; Docket No. FAA-
2013-0670; Directorate Identifier 2013-NM-081-AD.

(a) Effective Date

    This AD is effective April 1, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Boeing Company Model 737-600, -700, -800, 
-900, and -900ER series airplanes, certificated in any category, 
with Live TV radomes having part number 5063-100-V3 or 5063-101-V2 
and a serial number in the range of 001 through 497 inclusive, and 
modified by the applicable supplemental type certificate (STC) 
identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) ST00284BO (http://rgl.faa.gov/Regulatory--and--Guidance--
Library/rgstc.nsf/0/3ecc2e5e5f408bc1862579b30048ed60/$FILE/
ST00284BO.pdf).
    (2) ST02887AT (http://rgl.faa.gov/Regulatory--and--Guidance--
Library/rgstc.nsf/0/9bf85b85ea3e295d8625735600721055/$FILE/
ST02887AT.pdf).

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracks found during 
inspections of the radome assembly. We are issuing this AD to detect 
and correct cracks in the in-flight entertainment system radome 
assembly, which could result in the radome (or pieces) separating 
from the airplane and striking the tail, and consequently reducing 
the controllability of the airplane.

[[Page 10340]]

(f) Compliance

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

(g) Repetitive Inspections and Corrective Actions

    Within 1,250 flight hours after the effective date of this AD: 
Perform a detailed inspection for cracks of the radome assembly, in 
accordance with the Accomplishment Instructions of Live TV Service 
Bulletin B737-53-0011, dated March 29, 2013. Repeat the inspection 
thereafter at intervals not to exceed 1,250 flight hours. If any 
crack is found during any inspection required by this paragraph, 
before further flight, replace the radome, in accordance with the 
Accomplishment Instructions of Live TV Service Bulletin B737-53-
0011, dated March 29, 2013.

(h) Reporting Requirement

    If any crack is found during any inspection required by 
paragraph (g) of this AD, submit a report of the findings to Live 
TV, 8900 Hangar Boulevard, Orlando, FL 32827; phone: 407-812-2600; 
fax: 407-812-2526; email [email protected]; at the applicable 
time specified in paragraph (h)(1) or (h)(2) of this AD. The report 
must include the information specified in the service bulletin 
reporting form provided in Live TV Service Bulletin B737-53-0011, 
dated March 29, 2013.
    (1) If the inspection was accomplished on or after the effective 
date of this AD: Submit the report within 30 days after the 
inspection.
    (2) If the inspection was accomplished before the effective date 
of this AD: Submit the report within 30 days after the effective 
date of this AD.

(i) Special Flight Permit

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

(j) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta 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 paragraph (l) of this AD.
    (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) If the service information contains steps that are labeled 
as RC (Required for Compliance), those steps must be done to comply 
with this AD; any steps that are not labeled as RC are recommended. 
Those steps that are not labeled as RC may be deviated from, done as 
part of other actions, or done using accepted methods different from 
those identified in the specified service information without 
obtaining approval of an AMOC, provided the steps labeled as RC can 
be done and the airplane can be put back in a serviceable condition. 
Any substitutions or changes to steps labeled as RC require approval 
of an AMOC.

(l) Related Information

    For more information about this AD, contact Barry Culler, 
Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft 
Certification Office (ACO), 1701 Columbia Avenue, College Park, GA 
30337; phone: 404-474-5546; fax: 404-474-5605; email: 
[email protected].

(m) 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) Live TV Service Bulletin B737-53-0011, dated March 29, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact Live 
TV, 8900 Hangar Boulevard, Orlando, FL 32827; phone: 407-812-2600; 
fax: 407-812-2526; Internet http://www.livetv.net.
    (4) You may view this service information at 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.
    (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 February 5, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-03033 Filed 2-24-14; 8:45 am]
BILLING CODE 4910-13-P