[Federal Register: November 15, 2004 (Volume 69, Number 219)]
[Rules and Regulations]
[Page 65533-65535]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no04-8]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-324-AD; Amendment 39-13862; AD 2004-23-07]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-100, -200, -300, -400,
and -500 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to certain Boeing Model 737 series airplanes, that
currently requires modification of certain fuselage support structure
for the number 2 galley. This amendment requires modification of the
same support structure using new methods based on new calculations.
This amendment also expands the applicability of the existing AD to
include additional airplanes. The actions specified by this AD are
intended to prevent the galley from shifting, which could limit access
to the galley door during emergencies, and result in injury to
passengers and flightcrew. This action is intended to address the
identified unsafe condition.
DATES: Effective December 20, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 20, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or 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/code_of_federal_regulations/ibr_locations.html
.
FOR FURTHER INFORMATION CONTACT: Keith Ladderud, Aerospace Engineer,
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue,
SW., Renton, Washington 98055-4056; telephone (425) 917-6435; fax (425)
917-6590.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 95-02-08,
amendment 39-9127 (60 FR 8295, February 14, 1995), which is applicable
to certain Boeing Model 737 series airplanes, was published in the
Federal Register on May 7, 2004 (69 FR 25505). The action proposed to
require modification of certain fuselage support structure for the
number 2 galley. The action also proposed to expand the applicability
of the existing AD to include additional airplanes.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Requests To Add an Option To Reduce the Weight Limit of the Galley as
an Alternative to the Modification
One commenter states that the wording in the proposed AD and the
referenced service bulletin is such that, if the allowable operating
weight limit of a given airplane's galley is above a certain threshold
value, the proposed modification would be required. The commenter
suggests that the proposed AD specify that if a galley has a weight
limit above the threshold value, the operator be given the option of
reducing the weight limit to the threshold value and re-placarding the
galley with the new limit, instead of modifying the airplane.
Another commenter proposes an option be included for operators to
reduce the total weight limit of the galley, as opposed to doing the
structural modification. The commenter adds that, for all airplanes
other than Group 1, the proposed AD forces the operator to use Table A
in the referenced service bulletin to determine the structural
configuration of the airplane. Based on that configuration, and the
allowable galley weight limit, the operator will do the applicable
corrective action. The commenter proposes that the FAA specify a weight
limit for all airplane groups which is similar to the Group 1 airplanes
listed in the proposed AD. The commenter notes that, by doing this, the
operator will have the option of either doing the modification and
maintaining the current galley weight limit, or reducing the galley
weight limit and avoiding the expensive modification.
We agree. We have added a new paragraph (d) to this AD that allows
reducing the galley weight limit to 995 pounds or less as an
alternative to doing the required modification. The reduction in the
galley weight limit will require re-placarding to specify the maximum
capacity limit of 995 pounds for the galley. If necessary, re-
placarding is required to specify the load limit for individual
compartments, to ensure that the total of the individual compartment
weights does not exceed the maximum capacity for the galley.
Request To Change Applicability
One commenter states that the applicability section in the proposed
AD specifies ``as listed in Boeing Special Attention Service Bulletin
737-53-1154, Revision 1, dated October 3, 2002,'' and paragraph (b) of
the proposed AD requires doing the proposed modification within 18
months, per the referenced service bulletin. The commenter adds that
the first step specified in the service bulletin is to determine the
maximum operating weight of the number 2 galley; the proposed
modification is only necessary on airplanes with that galley, and that
have an allowable operating weight of more than 995 pounds. The
commenter suggests adding further description to the applicability
section of the proposed AD to avoid unnecessary research and
inspection. The commenter also adds that the applicability specified in
AD 95-02-08 includes a description of the galley
[[Page 65534]]
weight requirements which is similar to the requirements in this
proposed AD.
We agree that the applicability section in this AD could be further
clarified. We have changed that section to specify that the proposed AD
is applicable to airplanes equipped with intercostal support structures
at stringer 5R and having a number 2 galley weight that exceeds 995
pounds (including any attached equipment that imposes loads on the
galley).
Request for Changes to Paragraph (c)
One commenter states that it would be helpful if the airplanes
referenced in paragraph (c) of the proposed AD are identified. The
commenter adds that there will be airplanes that are different from the
specified configuration and those airplanes can be addressed in the
alternative methods of compliance process.
We do not agree. We have determined that the service bulletin
clearly identifies the specific group associated with each airplane in
this AD. Identifying each airplane that has been modified, as noted in
paragraph (c)(2) of this AD, would not relieve any burden on operators
because we would still rely on operators to determine if the airplane
was modified per the original issue of the referenced service bulletin.
No change to the AD is made in this regard.
The same commenter asks that paragraph (c) be changed from ``* * *
do the modification in paragraph (b) of this AD * * *'' to ``* * *
modify the upper attachment support structure of galley 2 from body
station 344 to 360 (inclusive) between right stringers 3 and 7.'' The
commenter states that this change would prevent confusion.
We agree; we have changed paragraph (c) of this AD, as specified
above, for clarification.
Conclusion
After careful review of the available data, including the comments
noted above, we have determined that air safety and the public interest
require the adoption of the rule with the changes previously described.
These changes will neither increase the economic burden on any operator
nor increase the scope of the AD.
Cost Impact
There are approximately 583 airplanes of the affected design in the
worldwide fleet. We estimate that 170 airplanes of U.S. registry will
be affected by this AD.
The new actions that are required by this AD will take between 8
and 22 work hours per airplane to accomplish, depending on the
airplane's configuration. The average labor rate is $65 per work hour.
Required parts will cost between $5,200 and $23,790 per airplane,
depending on the airplane's configuration. Based on these figures, the
cost impact of the requirements of this AD on U.S. operators is
estimated to be between $5,720 and $25,220 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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); and (3) 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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-9127 (60 FR 8295,
February 14, 1995), and by adding a new airworthiness directive (AD),
amendment 39-13862, to read as follows:
2004-23-07 Boeing: Amendment 39-13862. Docket 2002-NM-324-AD.
Supersedes AD 95-02-08, Amendment 39-9127.
Applicability: Model 737-100, -200, -300, -400, and -500 series
airplanes; certificated in any category; equipped with intercostal
support structures at stringer 5R and having a number 2 galley
weight of 996 pounds or more (including any attached equipment that
imposes loads on the galley).
Compliance: Required as indicated, unless accomplished
previously.
To prevent the galley from shifting, which could limit access to
the galley door during emergencies, and result in injury to
passengers and flightcrew, accomplish the following:
Service Bulletin Reference
(a) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1154, Revision 1, dated October 3, 2002.
Modification
(b) Except as provided by paragraph (c) or (d) of this AD, as
applicable: Within 18 months after the effective date of this AD,
modify the upper attachment support structure of galley 2 from body
station 344 to 360 inclusive, between right stringers 3 and 7, in
accordance with the service bulletin.
(c) For airplanes listed in paragraphs (c)(1) through (c)(3) of
this AD: Within 18 months after the effective date of this AD,
modify the upper attachment support structure of galley 2 from body
station 344 to 360 inclusive, between right stringers 3 and 7. Do
the modification in accordance with a method approved by the
Manager, Seattle Aircraft Certification Office (ACO), FAA; or in
accordance with data meeting the type certification basis of the
airplane approved by a Boeing Company Designated Engineering
Representative (DER) who has been authorized by the Manager, Seattle
ACO, to make such findings. For a modification method to be
approved, the approval must specifically reference this AD.
(1) Airplanes listed as Group 1 in the service bulletin, on
which the galley has an allowable operating weight of 996 pounds or
more.
(2) Airplanes listed as Group 2 in the service bulletin, on
which the modifications specified in the initial release of the
service bulletin have been incorporated.
(3) Airplanes listed as Groups 3 through 9 in the service
bulletin for which the service bulletin specifies to contact Boeing.
[[Page 65535]]
Alternative to Accomplishing Modification
(d) Instead of accomplishing the modification required by
paragraph (b) or (c) of this AD, as applicable: Within 18 months
after the effective date of this AD, do the actions specified in
paragraphs (d)(1), (d)(2), and (d)(3) of this AD, in accordance with
a method approved by the Manager, Seattle ACO; or in accordance with
data meeting the type certification basis of the airplane approved
by a Boeing Company DER who has been authorized by the Manager,
Seattle ACO, to make such findings.
(1) Reduce the total weight limit of the galley to a maximum
capacity of 995 pounds or less.
(2) Re-placard to specify the maximum capacity limit for the
galley.
(3) Re-placard to specify the load limit for individual
compartments, as necessary, to ensure that the total of the
individual compartment weights does not exceed the maximum capacity
for the galley.
Alternative Methods of Compliance
(e) In accordance with 14 CFR 39.19, the Manager, Seattle ACO,
is authorized to approve alternative methods of compliance (AMOCs)
for this AD.
Incorporation by Reference
(f) Unless otherwise specified in this AD, the actions shall be
done in accordance with Boeing Special Attention Service Bulletin
737-53-1154, Revision 1, dated October 3, 2002. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207. Copies may be inspected at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
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/code_of_federal_regulations/ibr_locations.html
.
Effective Date
(g) This amendment becomes effective on December 20, 2004.
Issued in Renton, Washington, on November 1, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-24931 Filed 11-12-04; 8:45 am]
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