[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Rules and Regulations]
[Pages 5587-5589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02932]



[[Page 5587]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0580; Product Identifier 2018-NM-025-AD; Amendment 
39-19558; AD 2019-03-06]
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 737-300, -400, and -500 series airplanes. This 
AD was prompted by a report indicating the passenger service units 
(PSUs) became separated from their attachments during several 
survivable accident sequences. This AD requires installing lanyard 
assemblies on the PSU and, for certain airplanes, on the life vest 
panel. We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective March 29, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 29, 
2019.

ADDRESSES: For service information identified in this final rule, 
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-2018-
0580.

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-2018-
0580; 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 final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: Scott Craig, Aerospace Engineer, Cabin 
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 
South 216 St., Des Moines, WA 98198; phone and fax: 206-231-3566; 
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 737-300, -400, and -500 series airplanes. The NPRM published in 
the Federal Register on July 6, 2018 (83 FR 31507). The NPRM was 
prompted by a report indicating that the PSUs became separated from 
their attachments during several survivable accident sequences. The 
NPRM proposed to require installing lanyard assemblies on the PSU and, 
for certain airplanes, on the life vest panel.
    We are issuing this AD to address the PSU becoming detached and 
falling into the cabin, which could lead to passenger injuries and 
impede egress during an evacuation.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST01219SE does not affect the 
accomplishment of the manufacturer's service instructions.
    We agree with the commenter that STC ST01219SE does not affect the 
accomplishment of the manufacturer's service instructions. Therefore, 
the installation of STC ST01219SE does not affect the ability to 
accomplish the actions required by this AD. We have not changed this AD 
in this regard.

Request To Revise the Applicability

    Atlas Air Inc. requested that certain airplanes be removed from the 
applicability. Atlas Air Inc. stated that if any affected airplanes 
specified in Boeing Service Bulletin 737-25-1728, dated October 10, 
2016, are converted from passenger configuration to a freighter 
configuration after October 10, 2016, the release date of the service 
bulletin, then those airplanes should be excluded from the 
applicability of the proposed AD. Atlas Air Inc. commented that, after 
freighter conversion, an airplane is no longer equipped with passenger 
service units or passenger life vest panels.
    We partially agree with the commenter's request. We agree with 
Atlas Air Inc. that passenger service units or passenger life vest 
panels might not be installed on an airplane that has gone through a 
freighter conversion because they may no longer be required in an 
airplane that has been fully converted to a freighter and has no 
passengers. We disagree with modifying the applicability of the AD 
because it is possible that the freighter conversion could still 
include some passenger seating with passenger service units. However, 
we will consider specific configurations, and operators may request 
approval of an alternative method of compliance (AMOC) under the 
provisions of paragraph (i) of this AD. We have not changed this AD 
regarding this issue.

Request To Revise Certain Language in the Proposed AD

    Boeing requested that we revise the proposed AD to state that the 
NPRM ``was prompted by a report indicating that the passenger service 
unit (PSU) became separated from their attachments during the 
survivable accident sequences.'' Boeing stated that this wording aligns 
with standardized language used in previous documentation of this 
unsafe condition, including the National Transportation Safety Board 
(NTSB) safety recommendation, A-12-2.
    We agree with the commenter that the new wording aligns with 
standard language used in previous documentation of this unsafe 
condition, including the NTSB safety recommendation, A-12-2. We have 
revised the final rule accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule 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 for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

[[Page 5588]]

    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin 737-25-1728, dated October 10, 
2016. The service information describes procedures for installing 
lanyard assemblies on the PSU and life vest panel.
    We reviewed Boeing Requirements Bulletin 737-25-1758 RB, dated 
November 8, 2017. The service information describes procedures for 
installing lanyard assemblies on the PSU.
    These documents are distinct since they apply to airplanes in 
different configurations.
    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.

Costs of Compliance

    We estimate that this AD affects 227 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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            Action                 Labor cost        Parts cost     Cost per product    Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Installation of lanyard         Up to 76 work-    Up to $11,000...  Up to $17,460...  Up to $3,963,420.
 assemblies.                     hour x $85 per
                                 hour = $6,460.
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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.
    This 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 and 
associated appliances to the Director of the System Oversight Division.

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):

2019-03-06 The Boeing Company: Amendment 39-19558; Docket No. FAA-
2018-0580; Product Identifier 2018-NM-025-AD.

(a) Effective Date

    This AD is effective March 29, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-300, -400, and -
500 series airplanes, certificated in any category, as identified in 
the service information specified in paragraphs (c)(1) and (c)(2) of 
this AD.
    (1) Boeing Service Bulletin 737-25-1728, dated October 10, 2016.
    (2) Boeing Requirements Bulletin 737-25-1758 RB, dated November 
8, 2017.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report indicating the passenger 
service units (PSUs) became separated from their attachments during 
several survivable accident sequences. We are issuing this AD to 
address the PSU becoming detached and falling into the cabin, which 
could lead to passenger injuries and impede egress during an 
evacuation.

(f) Compliance

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

(g) Required Actions

    (1) For airplanes identified in Boeing Service Bulletin 737-25-
1728, dated October 10, 2016: Except as required by paragraph (h)(1) 
of this AD, at the applicable times specified in paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 737-25-1728, dated 
October 10, 2016, do all applicable actions identified as ``RC'' 
(required for compliance) in, and in accordance with, the 
Accomplishment Instructions of Boeing Service Bulletin 737-25-1728, 
dated October 10, 2016.
    (2) For airplanes identified in Boeing Requirements Bulletin 
737-25-1758 RB, dated November 8, 2017: Except as required by 
paragraph (h)(2) of this AD, at the applicable times specified in 
the ``Compliance'' paragraph of Boeing Requirements Bulletin 737-25-
1758 RB, dated November 8, 2017, do all applicable actions 
identified in, and in accordance with, the Accomplishment 
Instructions of Boeing

[[Page 5589]]

Requirements Bulletin 737-25-1758 RB, dated November 8, 2017.

    Note 1 to paragraph (g)(2) of this AD:  Guidance for 
accomplishing the actions required by paragraph (g)(2) of this AD 
can be found in Boeing Service Bulletin 737-25-1758, dated November 
8, 2017, which is referred to in Boeing Requirements Bulletin 737-
25-1758 RB, dated November 8, 2017.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Service Bulletin 737-25-1728, dated October 
10, 2016, uses the phrase ``the original issue date of this service 
bulletin,'' this AD requires using ``the effective date of this 
AD.''
    (2) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Requirements Bulletin 737-25-1758 RB, dated 
November 8, 2017, uses the phrase ``the original issue date of the 
Requirements Bulletin (RB),'' this AD requires using ``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) 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 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

    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].

(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 Service Bulletin 737-25-1728, dated October 10, 2016.
    (ii) Boeing Requirements Bulletin 737-25-1758 RB, dated November 
8, 2017.
    (3) 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.
    (4) 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.
    (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 Des Moines, Washington, on February 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-02932 Filed 2-21-19; 8:45 am]
 BILLING CODE 4910-13-P