AD 2004-23-07

[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Rules and Regulations]
[Pages 65533-65535]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 04-24931]


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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: 
<a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

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]
BILLING CODE 4910-13-P