Airworthiness Directives; The Boeing Company Airplanes

[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Rules and Regulations]
[Pages 71792-71794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28070]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0980; Product Identifier 2019-NM-180-AD; Amendment 
39-21004; AD 2019-24-15]
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 an airworthiness directive (AD) for 
certain The Boeing Company Model 737-900ER series airplanes. This AD 
requires replacement of nonconforming head strike pads with conforming 
head strike pads. This AD was prompted by a report of nonconforming 
head strike pads on the left and right mid exit doors. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 14, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 14, 
2020.
    The FAA must receive comments on this AD by February 13, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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; phone: 
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. It is also 
available on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0980.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0980; 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 final rule, the regulatory evaluation, any comments 
received, and other information. The street address for Docket 
Operations is listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Allie Buss, Aerospace Engineer, Cabin 
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3564; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has received a report indicating that nonconforming head 
strike pads were installed on the left and right mid exit doors in the 
passenger compartment of certain Boeing Model 737-900ER series 
airplanes. The nonconforming head strike pads were fabricated using 
eight bonded layers of \1/8\-inch-thick foam, instead of the required 
1-inch-thick continuous foam. This condition, if not addressed, could 
result in injury to passengers in an otherwise survivable emergency 
landing and potentially block passenger egress.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Requirements Bulletin 
737-25-1831 RB, dated September 24, 2019. This service information 
describes procedures for replacement of nonconforming head strike pads 
with conforming head strike pads on the left and right mid exit doors. 
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

    The FAA is issuing this AD because the FAA 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.

[[Page 71793]]

AD Requirements

    This AD requires accomplishment of the actions identified in Boeing 
Special Attention Requirements Bulletin 737-25-1831 RB, dated September 
24, 2019, described previously, except for any differences identified 
as exceptions in the regulatory text of this AD.
    For information on the procedures and compliance times, see this 
service information at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0980.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the 
Airworthiness Directive Implementation Aviation Rulemaking Committee 
(AD ARC), to enhance the AD system. One enhancement is a process for 
annotating which steps in the service information are ``required for 
compliance'' (RC) with an AD. Boeing has implemented this RC concept 
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related 
Boeing service information, a joint process improvement initiative was 
worked between the FAA and Boeing. The initiative resulted in the 
development of a new process in which the service information more 
clearly identifies the actions needed to address the unsafe condition 
in the ``Accomplishment Instructions.'' The new process results in a 
Boeing Requirements Bulletin, which contains only the actions needed to 
address the unsafe condition (i.e., only the RC actions).

FAA's Justification and Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary. In addition, for the reasons stated above, the FAA finds 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, the FAA invites you to send any written data, views, 
or arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number FAA-2019-
0980 and Product Identifier 2019-NM-180-AD at the beginning of your 
comments. The FAA specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this final 
rule. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this final rule.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement........................  1 work-hour x $85 per hour   Up to $7,080..........  Up to $7,165.
                                      = $85.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the 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.
    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.
    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) Will not affect intrastate aviation in Alaska, 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.

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.

[[Page 71794]]

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2019-24-15 The Boeing Company: Amendment 39-21004; Docket No. FAA-
2019-0980; Product Identifier 2019-NM-180-AD.

(a) Effective Date

    This AD is effective January 14, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-900ER series 
airplanes, certificated in any category, as identified in Boeing 
Special Attention Requirements Bulletin 737-25-1831 RB, dated 
September 24, 2019.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of nonconforming head strike 
pads on the mid exit doors. The FAA is issuing this AD to address 
nonconforming head strike pads which could result in injury to 
passengers in an otherwise survivable emergency landing and 
potentially block passenger egress.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Special Attention Requirements Bulletin 737-25-1831 RB, dated 
September 24, 2019, do all applicable actions identified in, and in 
accordance with, the Accomplishment Instructions of Boeing Special 
Attention Requirements Bulletin 737-25-1831 RB, dated September 24, 
2019.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Special Attention Service 
Bulletin 737-25-1831, dated September 24, 2019, which is referred to 
in Boeing Special Attention Requirements Bulletin 737-25-1831 RB, 
dated September 24, 2019.

(h) Exceptions to Service Information Specifications

    Where Boeing Special Attention Requirements Bulletin 737-25-1831 
RB, dated September 24, 2019, uses the phrase ``the original issue 
date of the Requirements Bulletin 737-25-1831 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 Company 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.

(j) Related Information

    For more information about this AD, contact Allie Buss, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3564; 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 Special Attention Requirements Bulletin 737-25-1831 
RB, dated September 24, 2019.
    (ii) [Reserved]
    (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; phone: 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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on December 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-28070 Filed 12-27-19; 8:45 am]
BILLING CODE 4910-13-P

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