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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:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
the instructions
for submitting comments.
Fax: 202-493-2251.
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.
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 aviation_group@iai.co.il;
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: eric.lin@faa.gov.
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
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
|
Labor cost
|
Parts cost
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Cost per
product
|
Cost on
U.S. operators
|
| 1 work-hour x $85 per hour =
$85 |
$0
|
$85
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$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.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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