[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Proposed Rules]
[Pages 46666-46669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19838]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9189; Product Identifier 2016-NM-114-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: We are revising an earlier proposal for certain The Boeing 
Company Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes. This action revises the notice of proposed rulemaking (NPRM) 
by adding airplanes to the applicability and adding a measurement of 
the distance between the hooks of the torsion spring of the lanyard 
assembly. We are proposing this airworthiness directive (AD) to address 
the unsafe condition on these products. Since these actions would 
impose an additional burden over those in the NPRM, we are reopening 
the comment period to allow the public the chance to comment on these 
changes.

DATES: The comment period for the NPRM published in the Federal 
Register on October 13, 2016 (81 FR 70647), is reopened.
    We must receive comments on this SNPRM by October 29, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this SNPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may 
view this service information at the FAA, Transport Standards Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. It is also 
available on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-9189.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9189; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this SNPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Scott Craig, Aerospace Engineer, Cabin

[[Page 46667]]

Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3566; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2016-9189; 
Product Identifier 2016-NM-114-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this SNPRM. We will consider all 
comments received by the closing date and may amend this SNPRM because 
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this SNPRM.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain The Boeing Company Model 737-600, -700, -700C, -
800, -900, and -900ER series airplanes. The NPRM published in the 
Federal Register on October 13, 2016 (81 FR 70647). The NPRM was 
prompted by reports of passenger service units (PSUs) becoming detached 
from the supporting airplane structure in several Model 737 airplanes 
during survivable accidents. The NPRM proposed to require modifying the 
PSUs and life vest panels by replacing the existing inboard lanyard and 
installing two new lanyards on the outboard edge of the PSUs and life 
vest panels.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that additional 
airplanes are subject to the unsafe condition. In addition, we have 
determined that the torsion spring of a certain lanyard assembly may be 
manufactured incorrectly and have an inadequate distance between the 
hooks of the torsion spring. Since the discrepant torsion springs may 
have been installed in production, as well as on airplanes modified in 
accordance with Boeing Service Bulletin 737-25-1707, dated September 
24, 2015, we have determined that it is necessary to measure the 
distance between the hooks of the torsion spring of the lanyard 
assembly and replace discrepant lanyard assemblies.

Comments

    We gave the public the opportunity to comment on the NPRM. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Support for the NPRM

    The National Transportation Safety Board (NTSB) and commenter 
London Smith expressed their support for the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST00830SE does not affect the 
accomplishment of the manufacturer's service instructions.
    We agree with the commenter that STC ST00830SE does not affect the 
accomplishment of the manufacturer's service instructions. Therefore, 
the installation of STC ST00830SE does not affect the ability to 
accomplish the actions that would be required by this SNPRM. We have 
not changed this SNPRM in this regard.

Request To Extend the Compliance Time

    Japan Airlines (JAL) and American Airlines (AA) requested that the 
compliance time in paragraph (g) of the proposed AD be extended from 60 
months to 84 months. JAL suggested that, due to Boeing's manufacturing 
schedule for the kits, Boeing might not manufacture an adequate number 
of kits within the proposed compliance time. AA stated that extending 
the compliance time would allow operators to perform the modification 
during regularly scheduled heavy maintenance checks, thereby reducing 
the financial burden on operators.
    We disagree with the requests. In developing an appropriate 
compliance time for this action, we considered the urgency of the 
unsafe condition along with the practical aspect of accomplishing the 
required modification at a time corresponding to the normal scheduled 
maintenance for most operators. According to the manufacturer, an 
adequate number of modification kits will be available to modify the 
affected fleet within the proposed compliance time. However, under the 
provisions of paragraph (i) of this SNPRM, we will consider requests 
for approval of an extension of the compliance time if sufficient data 
are submitted to substantiate that the new compliance time would 
provide an acceptable level of safety. We have not changed this SNPRM 
in this regard.

Request To Clarify Service Information Requirements

    AA requested that we clarify that data notes (b) and (d) to Figure 
1 of Boeing Service Bulletin 737-25-1707, dated September 24, 2015, can 
be complied with in accordance with an operator's procedures. AA noted 
paragraph 3.B.1.b. of the Accomplishment Instructions of Boeing Service 
Bulletin 737-25-1707, dated September 24, 2015, which requires the 
installation of new lanyards in accordance with Figure 1 of the service 
information, is a Required for Compliance (RC) step. AA added that data 
notes (b) and (d) to Figure 1 of Boeing Service Bulletin 737-25-1707, 
dated September 24, 2015, provide latitude when the operator has an 
accepted alternative procedure by using the term ``refer to.''
    We agree to clarify that the operator is allowed latitude in 
accomplishing work steps that use the term ``refer to.'' If a step is 
marked RC and a procedure or document may be followed to accomplish an 
action (e.g., the design approval holder's procedure or document may be 
used, but an FAA-accepted procedure could also be used), the 
appropriate terminology to use to cite the procedure or document is 
``refer to . . . as an accepted procedure.'' We have not changed this 
SNPRM in this regard.

Request To Add Airplanes to the Applicability

    United Airlines (UAL) noted that the proposed AD did not refer to 
the PSUs on Model 757-200 and -300 airplanes, which can have the same 
part numbers as the airplanes addressed by the proposed AD. UAL stated 
that operators who operate both of these fleet types need to review the 
risk of having both pre- and post-AD parts in their inventory. UAL 
added that they will mitigate the risk of potential parts intermingling 
by modifying their Model 757-200 and -300 airplanes with the same PSU 
modification.
    We infer that UAL requests that Model 757-200 and -300 series 
airplanes should be included in the applicability of this proposed AD. 
We agree to investigate whether a similar unsafe condition exists on 
Model 757-200 and -300 series airplanes. We will take appropriate 
action based on the result of that investigation. However, delaying 
this SNPRM in order to determine if Model 757 airplanes should be added 
to the applicability would be inappropriate given that we

[[Page 46668]]

have determined that an unsafe condition exists and that the 
modifications must be done to ensure continued safety. We have not 
changed this SNPRM in this regard.

Request To Change Text To Match the Service Information

    Boeing requested that we change wording in the proposed AD that 
discusses ``. . . removing the existing lanyard and installing two new 
lanyards. . .'' to instead read ``. . . replacing the existing lanyard 
and installing two new lanyards. . . .'' Boeing stated that the 
proposed text more accurately describes the modification required by 
the service bulletin.
    We agree with the request. We have updated the wording of the 
applicable sentence in the Discussion and Related Service Information 
under 1 CFR part 51 sections of this SNPRM.

Request To Clarify Language Describing What Prompted the AD

    Boeing requested that the word ``incidents'' be changed to 
``accidents'' in language describing what prompted the proposed AD. 
Boeing noted that the events in which PSUs became detached were 
accidents, not incidents, as defined by the NTSB and International 
Civil Aviation Organization (ICAO) Annex 13.
    We agree to make this change, which will more accurately define 
these events according to industry standards. We have updated the 
Discussion section and paragraph (e) of this SNPRM to reflect this 
change.

Request To Refer to New Service Information

    Boeing requested that we update the proposed AD to refer to Boeing 
Service Bulletin 737-25-1707, Revision 1, dated May 18, 2018, which was 
recently released. Boeing stated that the service bulletin would be 
revised to include the 737NG Boeing Business Jet (BBJ) aircraft 
effectivity blocks, which were omitted in the original revision of the 
service bulletin.
    We agree with the commenter's request. Boeing Service Bulletin 737-
25-1707, Revision 1, dated May 18, 2018, adds airplanes to the 
effectivity, adds a new measurement of the torsion spring of the 
lanyard assembly, and clarifies the instructions for attaching the 
lanyard assembly torsion spring to the PSU rail. For these reasons, we 
have updated this SNPRM to refer to Boeing Service Bulletin 737-25-
1707, Revision 1, dated May 18, 2018.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin 737-25-1707, Revision 1, dated 
May 18, 2018. This service information describes procedures for 
modifying the PSUs and life vest panels by replacing the existing 
inboard lanyard and installing two new lanyards on the outboard edge of 
the PSUs and life vest panels, measuring the distance between the hooks 
of the torsion spring of the lanyard assembly, replacing any discrepant 
lanyard assemblies, and re-identifying serviceable lanyard assemblies. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Proposed Requirements of This SNPRM

    This SNPRM would require accomplishment of the actions identified 
as ``RC'' (required for compliance) in the Accomplishment Instructions 
of Boeing Service Bulletin 737-25-1707, Revision 1, dated May 18, 2018, 
described previously, except as discussed under ``Differences Between 
this SNPRM and the Service Information,'' and except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. For information on the procedures and compliance times, 
see this service information at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-9189.

Differences Between This SNPRM and the Service Information

    The effectivity of Boeing Service Bulletin 737-25-1707, Revision 1, 
dated May 18, 2018, is limited to Model 737-600, -700, -700C, -800, -
900, and -900ER series airplanes, line numbers 1 through 6009, without 
a Boeing Sky Interior (BSI). However, the applicability of this 
proposed AD includes all Boeing Model 737-600, -700, -700C, -800, -900, 
and -900ER series airplanes without a BSI. Because the affected lanyard 
assemblies are rotable parts, we have determined that these parts could 
later be installed on airplanes that were initially delivered with 
acceptable lanyard assemblies, thereby subjecting those airplanes to 
the unsafe condition. This difference has been coordinated with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 2,015 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                                     Estimated Costs
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               Action                      Labor cost                  Parts cost                  Cost per product            Cost on U.S. operators
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Inspection and modification........  Up to 75 work-hours x   Up to $11,760................  Up to $18,135................  Up to $36,542,025
                                      $85 per hour = Up to
                                      $6,375.
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    According to the manufacturer, some or all of the costs of this 
proposed 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 known 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

[[Page 46669]]

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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),
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

The Boeing Company: Docket No. FAA-2016-9189; Product Identifier 
2016-NM-114-AD.

(a) Comments Due Date

    We must receive comments by October 29, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any 
category, without a Boeing Sky Interior (BSI).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by reports of passenger service units 
(PSUs) becoming detached from the supporting airplane structure in 
several Model 737 series airplanes during survivable accidents. We 
are issuing this AD to address PSUs and life vest panels detaching 
from the supporting airplane structure, which could lead to 
passenger injuries and impede passenger and crew egress during 
evacuation.

(f) Compliance

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

(g) Required Actions

    Within 60 months after the effective date of this AD, do all 
applicable actions identified as ``RC'' (required for compliance) 
in, and in accordance with, the Accomplishment Instructions of 
Boeing Service Bulletin 737-25-1707, Revision 1, dated May 18, 2018.

(h) Parts Installation Prohibition

    As of the applicable time specified in paragraph (h)(1) or 
(h)(2) of this AD, no person may install on any airplane a PSU or 
life vest panel, unless the lanyard assembly has been updated as 
required by paragraph (g) of this AD.
    (1) For airplanes that have PSUs or life vest panels without the 
updated lanyard assemblies installed: After modification of the 
airplane as required by this AD.
    (2) For airplanes that have PSUs or life vest panels with the 
updated lanyard assemblies installed: As of the effective date of 
this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, 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 certification office, send it to the attention of the 
person identified in paragraph (j)(1) 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, modification, or alteration 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 ACO Branch, FAA, to make those findings. To be 
approved, the repair method, modification deviation, or alteration 
deviation must meet the certification basis of the airplane, and the 
approval must specifically refer to this AD.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(i)(4)(i) and (i)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    (1) For more information about this AD, contact Scott Craig, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3566; email: [email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on August 29, 2018.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-19838 Filed 9-13-18; 8:45 am]
 BILLING CODE 4910-13-P