AD 2020-17-04

[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Rules and Regulations]
[Pages 52268-52270]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-18540]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0107; Product Identifier 2019-NM-205-AD; Amendment 
39-21209; AD 2020-17-04]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-03-
06, which applied to certain The Boeing Company Model 737-300, -400, 
and -500 series airplanes. AD 2019-03-06 required installing lanyard 
assemblies on the passenger service units (PSUs) and, for certain 
airplanes, on the life vest panels. This AD was prompted by a report 
indicating that the PSUs became separated from their attachments during 
several survivable accident sequences, and by the determination that 
additional actions are necessary for five airplanes. This AD retains 
the requirements of AD 2019-03-06 and also requires installation of 
lanyard assemblies on the life vest panels on those five airplanes. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective September 29, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 29, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of March 
29, 2019 (84 FR 5587, February 22, 2019).

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2020-0107.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>by searching for and locating Docket No. FAA-2020-
0107; 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 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Scott Craig, Aerospace Engineer, Cabin 
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3566; 
email: <a href="/cdn-cgi/l/email-protection#420f2b212a23272e6c116c0130232b25022423236c252d34"><span class="__cf_email__" data-cfemail="602d09030801050c4e334e2312010907200601014e070f16">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-03-06, Amendment 39-19558 (84 FR 5587, 
February 22, 2019) (``AD 2019-03-06''). AD 2019-03-06 applied to 
certain The Boeing Company Model 737-300, -400, and -500 series 
airplanes. The NPRM published in the Federal Register on March 9, 2020 
(85 FR 13581). The NPRM was prompted by a report indicating that the 
PSUs became separated from their attachments during several survivable 
accident sequences, and by the determination that additional actions 
are necessary for five airplanes. The NPRM proposed to retain the 
requirement to install lanyard assemblies on PSUs and, for certain 
airplanes, on the life vest panels. The NPRM further proposed to 
require installing lanyard assemblies on the life vest panels for those 
five airplanes on which installation was not originally required. The 
FAA is issuing this AD to address the potential for the PSUs to detach 
and fall into the cabin, which could lead to passenger injuries and 
impede egress during an evacuation.

Comments

    The FAA gave the public the opportunity to participate in 
developing this AD. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Support for the NPRM

    Two anonymous commenters supported the NPRM.

Request Regarding Jurisdiction for Added Airplanes

    Another anonymous commenter supported the NPRM and requested 
information about the five airplanes for which the additional work 
would be required by the proposed AD. The commenter asked where those 
airplanes are registered and how they pertain to the jurisdiction of 
the FAA.
    The FAA has jurisdiction over airplanes identified in the 
applicability of this AD regardless of where they are registered. The 
United States is the state of design for the affected Boeing airplanes, 
and the FAA is taking action to resolve the unsafe condition that could 
exist or develop on the identified airplanes. The FAA has not changed 
the final rule regarding this issue.

Request To Clarify Credit Provisions

    Boeing requested that the FAA revise paragraph (i) of the proposed 
AD, which would provide credit for use of Boeing Service Bulletin 737-
25-1728, dated October 10, 2016, to do the actions specified in 
paragraph (g)(1) of the proposed AD. (Boeing Service Bulletin 737-25-
1728, Revision 1, dated November 26, 2019, was issued when it was 
discovered that five airplanes had been inadvertently excluded from the 
requirement to install lanyards on the life vest panels. Revision 1 
moved those five airplanes from Group 1 to form new Group 3, and added 
the lanyard installation procedures for Group 3.) Boeing asserted that 
the proposed credit language would provide credit for all requirements 
for a Group 3 airplane, although the work performed would not fully 
mitigate the unsafe condition because the life vest panels would not 
include lanyards.
    The FAA agrees that clarification is necessary. Boeing Service 
Bulletin 737-25-1728, dated October 10, 2016, while not requiring the 
lanyard installation on life vest panels for Group 3 airplanes, did 
provide the lanyard installation procedures for other airplanes. 
Therefore, credit may be allowed for a Group 3 airplane if lanyards 
were installed on the life vest panels using that service bulletin. To 
emphasize that the lanyard installation is mandatory for Group 3 
airplanes, the FAA has clarified the provisions of paragraph (i) of 
this AD to state that the lanyard installation is required, regardless 
of the service bulletin revision level used.

[[Page 52269]]

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST01219SE does not affect the 
accomplishment of the manufacturer's service instructions.
    The FAA agrees that STC ST01219SE does not affect the 
accomplishment of the manufacturer's service instructions. Therefore, 
the installation of STC ST01219SE does not affect the ability to 
accomplish the actions required by this AD. The FAA has not changed 
this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this AD with the changes described previously, and 
minor editorial changes. The FAA has determined that these minor 
changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 737-25-
1728, Revision 1, dated November 26, 2019. The service information 
describes procedures for installing lanyard assemblies on the PSUs and 
life vest panels, as applicable to the airplane group.
    This AD also requires Boeing Requirements Bulletin 737-25-1758 RB, 
dated November 8, 2017, which the Director of the Federal Register 
approved for incorporation by reference as of March 29, 2019 (84 FR 
5587, February 22, 2019).
    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.

Costs of Compliance

    The FAA estimates that this AD affects 221 airplanes of U.S. 
registry. The new actions in this AD apply to only 5 airplanes, none of 
which is registered in the U.S. The FAA estimates the following costs 
to comply with this AD:

                                                                     Estimated Costs
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               Action                         Labor cost                   Parts cost                 Cost per product         Cost on U.S.  operators
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Lanyard assembly installation......  Up to 124 work-hours x $85   Up to $11,000...............  Up to $21,540..............  Up to $4,760,340.
                                      per hour = Up to $10,540.
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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.

Regulatory Findings

    The FAA has determined that 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.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive AD 
2019-03-06, Amendment 39-19558 (84 FR 5587, February 22, 2019), and 
adding the following new AD:

2020-17-04 The Boeing Company: Amendment 39-21209; Docket No. FAA-
2020-0107; Product Identifier 2019-NM-205-AD.

(a) Effective Date

    This AD is effective September 29, 2020.

(b) Affected ADs

    This AD replaces AD 2019-03-06, Amendment 39-19558 (84 FR 5587, 
February 22, 2019) (``AD 2019-03-06'').

(c) Applicability

    This AD applies to The Boeing Company Model 737-300, -400, and -
500 series airplanes, certificated in any category, as identified in 
the service information specified in paragraphs (c)(1) and (2) of 
this AD.
    (1) Boeing Special Attention Service Bulletin 737-25-1728, 
Revision 1, dated November 26, 2019.
    (2) Boeing Requirements Bulletin 737-25-1758 RB, dated November 
8, 2017.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report indicating that the passenger 
service units (PSUs) became separated from their attachments during 
several survivable accident sequences, and by the determination that 
additional actions are necessary for five airplanes. The FAA is 
issuing this AD to address the potential for the PSUs to detach and 
fall into the cabin, which could lead to

[[Page 52270]]

passenger injuries and impede egress during an evacuation.

(f) Compliance

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

(g) Required Actions

    (1) For airplanes identified in Boeing Special Attention Service 
Bulletin 737-25-1728, Revision 1, dated November 26, 2019: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Special Attention Service Bulletin 737-25-1728, Revision 1, 
dated November 26, 2019, do all applicable actions identified as 
``RC'' (required for compliance) in, and in accordance with, the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 737-25-1728, Revision 1, dated November 26, 2019.
    (2) For airplanes identified in Boeing Requirements Bulletin 
737-25-1758 RB, dated November 8, 2017: Except as required by 
paragraph (h) of this AD, at the applicable times specified in the 
``Compliance'' paragraph of Boeing Requirements Bulletin 737-25-1758 
RB, dated November 8, 2017, do all applicable actions identified in, 
and in accordance with, the Accomplishment Instructions of Boeing 
Requirements Bulletin 737-25-1758 RB, dated November 8, 2017.

    Note 1 to paragraph (g)(2):  Guidance for accomplishing the 
actions required by paragraph (g)(2) of this AD can be found in 
Boeing Service Bulletin 737-25-1758, dated November 8, 2017, which 
is referred to in Boeing Requirements Bulletin 737-25-1758 RB, dated 
November 8, 2017.

(h) Exception to Service Information Specifications

    Where Boeing Requirements Bulletin 737-25-1758 RB, dated 
November 8, 2017, uses the phrase ``the original issue date of the 
Requirements Bulletin (RB),'' this AD requires using March 29, 2019 
(the effective date of AD 2019-03-06).

(i) Credit for Previous Actions

    (1) For airplanes identified as Group 3 in Boeing Service 
Bulletin 737-25-1728, Revision 1, dated November 26, 2019: This 
paragraph provides credit for the actions specified in paragraph 
(g)(1) of this AD, provided those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 737-25-1728, 
dated October 10, 2016, and provided lanyards are installed on the 
life vest panels, using either Boeing Service Bulletin 737-25-1728, 
dated October 10, 2016; or Revision 1, dated November 26, 2019.
    (2) For airplanes not identified in paragraph (i)(1) of this AD: 
This paragraph provides credit for the actions specified in 
paragraph (g)(1) of this AD, if those actions were performed before 
the effective date of this AD using Boeing Service Bulletin 737-25-
1728, dated October 10, 2016.

(j) 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 (k)(1) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#dfe6f29e9192f28cbabeababb3baf29e9c90f29e92909cf28dbaaeaabaacabac9fb9bebef1b8b0a9"><span class="__cf_email__" data-cfemail="21180c606f6c0c72444055554d440c60626e0c606c6e620c7344505444525552614740400f464e57">[email&#160;protected]</span></a>.
    (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.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(j)(4)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(k) Related Information

    (1) For more information about this AD, contact Scott Craig, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3566; email: <a href="/cdn-cgi/l/email-protection#c78aaea4afa6a2abe994e984b5a6aea087a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="5a173339323b3f3674097419283b333d1a3c3b3b743d352c">[email&#160;protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(5) and (6) of this AD.

(l) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
September 29, 2020.
    (i) Boeing Special Attention Service Bulletin 737-25-1728, 
Revision 1, dated November 26, 2019.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
March 29, 2019 (84 FR 5587, February 22, 2019).
    (i) Boeing Requirements Bulletin 737-25-1758 RB, dated November 
8, 2017.
    (ii) [Reserved]
    (5) 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; telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (6) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (7) 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 <a href="/cdn-cgi/l/email-protection#741211100611135a1811131518341a1506155a131b02"><span class="__cf_email__" data-cfemail="87e1e2e3f5e2e0a9ebe2e0e6ebc7e9e6f5e6a9e0e8f1">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on August 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-18540 Filed 8-24-20; 8:45 am]
BILLING CODE 4910-13-P