Airworthiness Directives; The Boeing Company Airplanes

[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Rules and Regulations]
[Pages 3254-3256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00798]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0986; Product Identifier 2019-NM-201-AD; Amendment 
39-21020; AD 2019-25-55]
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 The 
Boeing Company Model 737-300, -400, and -700 series airplanes, modified 
to a Bedek Division Special Freighter (BDSF) by Supplemental Type 
Certificate (STC) ST01566LA, ST01961SE, or ST02556SE, with a 9G rigid 
barrier. An emergency AD was sent to all known U.S. owners and 
operators of these airplanes. This AD requires complying with loading 
restrictions and methods. This AD was prompted by a review of the 
manufacturing process for the 9G rigid barrier installed on BDSF 
conversions that identified a manufacturing non-compliance. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 21, 2020 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
2019-25-55, issued on December 13, 2019, which contained the 
requirements of this amendment.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 21, 
2020.
    The FAA must receive comments on this AD by March 6, 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 final rule, contact 
Israel Aerospace Industries, LTD., Ben-Gurion International Airport, 
70100 Israel; telephone 972-3-935-3090; email [email protected]; 
internet https://www.iai.co.il/about/groups/aviation-group. 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 https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0986.

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-
0986; 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 street address for Docket Operations is listed 
above. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Eric Lin, Aerospace Engineer, Airframe 
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 
98198; phone and fax: 206-231-3523; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The Civil Aviation Authority of Israel (CAAI), which is the 
aviation authority for Israel, has issued Israeli AD ISR-I-53-2019-12-
6, dated December 12, 2019 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for The Boeing Company Model 737-300, -400, and -700 
series airplanes, modified to a BDSF by STC ST01566LA, ST01961SE, or 
ST02556SE, with a 9G rigid barrier. You may examine the MCAI on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0986.
    On December 13, 2019, the FAA issued Emergency AD 2019-25-55, which 
requires complying with loading restrictions and methods. The emergency 
AD was sent previously to all known U.S. owners and operators of these 
airplanes. This action was prompted by a review of the manufacturing 
process for the 9G rigid barrier installed on BDSF conversions that 
identified a manufacturing non-compliance. It has been found that the 
surface preparation before bonding was improperly done, which can 
affect the 9G rigid barrier's strength characteristics. This condition, 
if not addressed, could result in the potential failure of the 9G rigid 
barrier under certain emergency landing loads, which could injure 
occupants. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Israel Aerospace Industries Service Bulletin 365-
00-054, dated December 2019. This service information describes loading 
restrictions and methods that include reducing the cargo weights for 
each loading configuration and using additional straps when necessary 
to address 9G rigid barrier manufacturing non-compliance. 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

    Pursuant to a bilateral agreement with the State of Design 
Authority, the FAA has been notified of the unsafe

[[Page 3255]]

condition described in the MCAI and service information referenced 
above. The FAA is issuing this AD because the agency evaluated all 
pertinent information and determined the unsafe condition exists and is 
likely to exist or develop on other products of the same type design.

AD Requirements

    This AD requires complying with the loading restrictions and 
methods specified in the service information described previously, 
except as discussed under ``Differences Between this AD and the Service 
Information.''

Differences Between This AD and the Service Information

    Where Israel Aerospace Industries Service Bulletin 365-00-054, 
dated December 2019, specifies using cargo restraint straps rated at a 
minimum of 7,500 pounds, this AD requires using Technical Standard 
Order TSO-C172 cargo restraint straps; that TSO specifies a load rating 
of 5,000 pounds. This exception corrects the Israel Aerospace 
Industries service bulletin's reference to a TSO-C172 cargo strap load 
rating of 7,500 pounds; the cargo strap load capability specified in 
the TSO is 5,000 pounds.
    This AD specifies that the provisions for restraining cargo 
directly to a pallet or the airplane as provided in the existing 
airplane flight manual (AFM) (reference section 1-68-XX of the Israel 
Aerospace Industries Weight and Balance Manual (WBM)) can only be used 
if that cargo and all cargo aft of that location are restrained to a 
forward load factor of 9G. This exception corrects an omission in the 
Israel Aerospace Industries' service bulletin.

Interim Action

    The FAA considers this AD interim action.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
Emergency AD 2019-25-55, issued on December 13, 2019, 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 potential failure of the 9G rigid 
barrier, under certain emergency landing loads, could injure occupants. 
These conditions still exist and the AD is hereby published in the 
Federal Register as an amendment to section 39.13 of the Federal 
Aviation Regulations (14 CFR 39.13) to make it effective to all 
persons. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are impracticable. 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-
0986 and Product Identifier 2019-NM-201-AD at the beginning of your 
comments. The FAA specifically invites 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 received, 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 received about this final rule.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (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 6 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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1 work-hour x $85 per hour = $85.............................              $0              $85             $510
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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.
    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, and
    (2) Will not affect intrastate aviation in Alaska.

[[Page 3256]]

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):

2019-25-55 The Boeing Company: Amendment 39-21020; Docket No. FAA-
2019-0986; Product Identifier 2019-NM-201-AD.

(a) Effective Date

    This AD is effective January 21, 2020 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD 2019-25-55, issued on December 13, 2019, which contained the 
requirements of this amendment.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-300, -400, and -
700 series airplanes, certificated in any category, modified to a 
Bedek Division Special Freighter (BDSF) by Supplemental Type 
Certificate (STC) ST01566LA, ST01961SE, or ST02556SE, with a 9G 
rigid barrier.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a review of the manufacturing process 
for the 9G rigid barrier installed on BDSF conversions that 
identified a manufacturing non-compliance. It has been found that 
the surface preparation before bonding was improperly done, which 
can affect the 9G rigid barrier's strength characteristics. The FAA 
is issuing this AD to address potential failure of the 9G rigid 
barrier under certain emergency landing loads, which could injure 
occupants.

(f) Compliance

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

(g) Loading Restrictions and Methods

    Before further flight, comply with the loading restrictions and 
methods specified in the Accomplishment Instructions of Israel 
Aerospace Industries Service Bulletin 365-00-054, dated December 
2019, except as specified in paragraph (h) of this AD. The loading 
restrictions include reducing the cargo weights for each loading 
configuration and using additional straps as applicable.

(h) Exceptions to Service Information

    (1) Where Israel Aerospace Industries Service Bulletin 365-00-
054, dated December 2019, specifies using cargo restraint straps 
rated at a minimum of 7,500 pounds, for this AD use Technical 
Standard Order TSO-C172 cargo restraint straps; that TSO specifies a 
load rating of 5,000 pounds.
    (2) The provisions for restraining cargo directly to a pallet or 
the airplane as provided in the existing airplane flight manual 
(AFM) can only be used if that cargo and all cargo aft of that 
location are restrained to a forward load factor of 9G.

(i) Alternative Methods of Compliance (AMOCs)

    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)(2) of this AD. Information may be 
emailed to: [email protected]. 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Israeli AD ISR-I-53-2019-12-6, dated December 12, 2019, for 
related information.
    (2) For more information about this AD, contact Eric Lin, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3523; 
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) Israel Aerospace Industries Service Bulletin 365-00-054, 
dated December 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Israel Aerospace Industries, LTD., Ben-Gurion International Airport, 
70100 Israel; telephone 972-3-935-3090; email 
[email protected]; internet https://www.iai.co.il/about/groups/aviation-group.
    (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 on December 26, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2020-00798 Filed 1-17-20; 8:45 am]
 BILLING CODE 4910-13-P

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