[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3337-3339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0032; Project Identifier AD-2024-00021-T; 
Amendment 39-22663; AD 2024-02-51]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 737-9 airplanes. This AD was prompted 
by a report of an in-flight departure of a mid cabin door plug, which 
resulted in a rapid decompression of the airplane. This AD prohibits 
further flight of affected airplanes, until the airplane is inspected 
and all applicable corrective actions have been performed. The FAA 
previously sent an emergency AD to all known U.S. owners and operators 
of these airplanes. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective on January 18, 2024. Emergency AD 2024-02-
51, issued on January 6, 2024, which contained the requirements of this 
amendment, was effective with actual notice.
    The FAA must receive comments on this AD by March 4, 2024.

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 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2024-0032; 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, any 
comments received, and other information. The street address for Docket 
Operations is listed above.

[[Page 3338]]


FOR FURTHER INFORMATION CONTACT: Michael Linegang, Manager, Operational 
Safety Branch, FAA; phone: 817-222-5390; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2024-0032; Project Identifier AD-
2024-00021-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Michael 
Linegang, Manager, Operational Safety Branch, FAA; phone: 817-222-5390; 
email: [email protected]. Any commentary that the FAA receives 
that is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Background

    The FAA issued Emergency AD 2024-02-51, dated January 6, 2024 
(Emergency AD 2024-02-51), to address an unsafe condition on certain 
The Boeing Company Model 737-9 airplanes. The FAA sent the emergency AD 
to all known U.S. owners and operators of these airplanes. Emergency AD 
2024-02-51 prohibits further flight until the airplane is inspected and 
all applicable corrective actions have been performed.
    Emergency AD 2024-02-51 was prompted by a report of an in-flight 
departure of a mid cabin door plug, which resulted in a rapid 
decompression of the airplane. The FAA is issuing this AD to address 
the potential in-flight loss of a mid cabin door plug. This condition, 
if not addressed, could result in injury to passengers and crew, the 
door impacting the airplane, and/or loss of control of the airplane.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

AD Requirements

    This AD prohibits further flight of affected airplanes, until the 
airplane is inspected and all applicable corrective actions have been 
performed using a method approved by the Manager, AIR-520, Continued 
Operational Safety Branch, FAA.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that required the immediate adoption of 
Emergency AD 2024-02-51 issued on January 6, 2024, to all known U.S. 
owners and operators of these airplanes. The FAA found that the risk to 
the flying public justified waiving notice and comment prior to 
adoption of this rule because the in-flight loss of a mid cabin door 
plug could result in injury to passengers and crew, the door impacting 
the airplane, and/or loss of control of the airplane. These conditions 
still exist, and the AD is hereby published in the Federal Register as 
an amendment to 14 CFR 39.13 to make it effective to all persons. Given 
the significance of the risk presented by this unsafe condition, it 
must be immediately addressed. Accordingly, notice and opportunity for 
prior public comment are impracticable and contrary to the public 
interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds 
that good cause exists pursuant to 5 U.S.C. 553(d) for making this 
amendment effective in less than 30 days, for the same reasons the FAA 
found good cause to forgo notice and comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 144 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
          Action                 Labor cost          Parts cost       Cost per product           operators
----------------------------------------------------------------------------------------------------------------
Inspection...............  Up to 8 work-hours x                $0  Up to $680............  Up to $12,240.
                            $85 per hour = Up to
                            $680.
----------------------------------------------------------------------------------------------------------------


[[Page 3339]]

    The FAA has received no definitive data on which to base the cost 
estimates for the corrective actions specified in this AD.

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.
    The FAA is 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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2024-02-51 The Boeing Company: Amendment 39-22663; Docket No. FAA-
2024-0032; Project Identifier AD-2024-00021-T.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2024-02-51 
on January 6, 2024, directly to affected owners and operators. As a 
result of such actual notice, the emergency AD was effective for 
those owners and operators on the date it was provided. This AD 
contains the same requirements as that emergency AD and, for those 
who did not receive actual notice, is effective on January 18, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-9 airplanes, 
certificated in any category, with a mid cabin door plug installed.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Unsafe Condition

    This AD was prompted by a report of an in-flight departure of a 
mid cabin door plug, which resulted in a rapid decompression of the 
airplane. The FAA is issuing this AD to address the potential in-
flight loss of a mid cabin door plug, which could result in injury 
to passengers and crew, the door impacting the airplane, and/or loss 
of control of the airplane.

(f) Compliance

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

(g) Inspection or Other Action

    As of the effective date of this AD, further flight is 
prohibited until the airplane is inspected and all applicable 
corrective actions have been performed using a method approved by 
the Manager, AIR-520, Continued Operational Safety Branch, FAA.

(h) Special Flight Permits

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are allowed only for unpressurized flights.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety 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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, AIR-
520, Continued Operational Safety 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.

(j) Related Information

    For further information about this AD, contact Michael Linegang, 
Manager, Operational Safety Branch, FAA; phone: 817-222-5390; email: 
[email protected].

(k) Material Incorporated by Reference

    None.

    Issued on January 12, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2024-00993 Filed 1-16-24; 2:00 pm]
BILLING CODE 4910-13-P