Airworthiness Directives; The Boeing Company Airplanes, 11416-11418 [2012-4382]
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mstockstill on DSK4VPTVN1PROD with PROPOSALS
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Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules
cannot freely be found in or through an
agency’s electronic library. Perhaps this
would require agencies to pay license fees for
their use of such standards—and if so, they
would then have proper bargaining
incentives to keep those fees low.
Even should the Director disagree with this
proposition—erroneously in our view—he
should then make the level and distribution
of costs for access to materials incorporated
by reference a necessary element of the
determination whether they are reasonably
available. Since having the Internet
eliminates any concern about having to print
excessive materials, protecting copyright
interests is the only possible rationale for
permitting incorporation by reference of
materials members of the public might be
required to pay to see. The criterion for
reasonable availability, as § 51.1(c)(1)
recognizes, is whether incorporation by
reference ‘‘is intended to benefit both the
Federal Government and the members of the
class affected.’’ Without doubt, the
Government’s interests are served by the
work of voluntary standards organizations,
yet the net benefits to the Federal
Government of permitting incorporation by
reference have been greatly reduced by
today’s possibilities for electronic
publication. Benefit to the members of the
class affected requires ready accessibility,
whether by the presence of this material in
agency electronic reading rooms or its
accessibility on standards organization Web
sites. Those benefits are reduced if they must
be paid for—and high fees, particularly for
local governments, small businesses and
concerned citizens that may have a strong
interest to know the governing law, will
eliminate them. Any agency today proposing
to export the costs of learning the law to
those affected by it should, at the very least,
be required to demonstrate its efforts to
contain those costs (especially for small
businesses, local governments, citizens, etc.)
as a necessary element of demonstrating
reasonable availability.
For your convenience in understanding the
changes sought by this petition, we set out
in the pages following 1 CFR part 51 as it
might appear if they were effected. For
convenience, added language is italicized,
and deleted language struck out. It is
important to understand, however, that we
are not asking for adoption of this exact
language. Indeed, the bracketed language in
§ 51.7(a)(3)(i(C)) is language we would prefer
not appear in the regulation, but reflects the
maximum recognition of voluntary standards
organizations’ authority to charge the public
for access to incorporated materials we
would regard as tolerable. What is essential
is that you now reconsider the antiquated
provisions of this regulation in light of the
changes wrought by the Information Age and
federal statutes and policies building on it.
As coordinator of this petition, Peter L.
Strauss avers that each of the persons below
has authorized him to include their name on
this petition, with affiliations given for
purposes of personal identification only.
Respectfully submitted,
Peter L. Strauss
Betts Professor of Law
Columbia Law School
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16:33 Feb 24, 2012
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William R. Andersen
Judson Falknor Professor of Law Emeritus
University of Washington School of Law
Dominique Custos
Judge John D. Wessel Distinguished Professor
of Law
Loyola University New Orleans College of
Law
Cynthia Farina
Roberts Research Professor of Law
Cornell Law School
Tom Field
Professor of Law
University of New Hampshire School of Law
Philip J. Harter
Scholar in Residence, Vermont Law School
Earl F. Nelson Professor Emeritus, University
of Missouri Law School
Linda Jellum
Assoc. Professor of Law
Mercer Law School
William S. Jordan III
Associate Dean and C. Blake McDowell
Professor of Law
University of Akron School of Law
Patrick Luff
Visiting Professor of Law
Washington and Lee University School of
Law
Carl Malamud, President
Public.Resource.Org
Jonathan Masur
Assistant Professor of Law
University of Chicago Law School
Nina Mendelson
Professor of Law
Michigan Law School
Anne Joseph O’Connell,
Professor of Law,
University of California, Berkeley
Craig Oren
Professor of Law
Rutgers University Law School, Camden
Robert C. Platt
Law Firm of Robert C Platt
Washington, DC
Todd Rakoff
Byrne Professor of Administrative Law
Harvard Law School
Joshua Schwartz
E.K. Gubin Professor of Government
Contracts Law
George Washington University Law School
Peter Shane
Davis and Davis Professor of Law
Ohio State Law School
Sidney A. Shapiro
University Chair in Law, Wake Forest
University
Vice-President, Center for Progressive Reform
Lea B. Vaughn
Professor of Law
University of Washington School of Law
cc: Hon. Susan Collins, Ranking Member
Committee on Homeland Security and
Governmental Affairs
United States Senate
Hon. Patrick D. Gallagher, Director
National Institute of Science and Technology
Hon. John P. Holdren, Director
Office of Science and Technology Policy
Hon. Joseph Lieberman, Chair
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Committee on Homeland Security and
Governmental Affairs
United States Senate
Ms. Maria Pallante
Register of Copyrights
Library of Congress
Hon. Cass Sunstein, Director
Office of Information and Regulatory
Analysis
Hon. Stephen Van Roekel,
Federal Chief Information Officer
Hon. Paul Verkuil, Chair
Administrative Conference of the United
States
[FR Doc. 2012–4399 Filed 2–24–12; 8:45 am]
BILLING CODE 1505–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0183; Directorate
Identifier 2011–NM–131–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
The Boeing Company Model 737–600,
–700, –700C, –800, –900, and –900ER
series airplanes. This proposed AD was
prompted by reports from the
manufacturer that center overhead
stowage (COS) boxes could fall from
their supports under forward load levels
less than the 9G forward load
requirements as defined by Federal
Aviation Regulations. This proposed AD
would require modifying COS boxes by
installing new brackets, stiffeners, and
hardware as needed. We are proposing
this AD to prevent detachment of COS
boxes at forward load levels less than
9G during an emergency landing, which
would cause injury to passengers and/
or crew and could impede subsequent
rapid evacuation.
DATES: We must receive comments on
this proposed AD by April 12, 2012.
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–
SUMMARY:
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Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules
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 proposed AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, Washington 98124–
2207; telephone 206–544–5000,
extension 1; fax 206–766–5680; email
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com. You
may review copies of the referenced
service information at the FAA,
Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington.
For information on the availability of
this material at the FAA, call 425–227–
1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; 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 proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Patrick Gillespie, Aerospace Engineer,
Cabin Safety and Environmental
Systems Branch, ANM–150S, FAA,
Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton,
WA 98057–3356; phone: 425–917–6429;
fax: 425–917–6590; email:
patrick.gillespie@faa.gov.
SUPPLEMENTARY INFORMATION:
Regulations (14 CFR 25.561). This
condition, if not corrected, could result
in detachment of COS boxes at forward
load levels less than 9G during an
emergency landing, which would cause
injury to passengers and/or crew and
could impede subsequent rapid
evacuation.
Comments Invited
Relevant Service Information
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2012–0183; Directorate Identifier 2011–
NM–131–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
We reviewed Boeing Special
Attention Service Bulletin 737–25–
1641, Revision 1, dated August 8, 2011.
The service information describes
procedures for modifying center
overhead stowage boxes. The
modification includes installing new
brackets, stiffeners, and hardware (bolts,
washers, and nuts) as needed.
Discussion
We received reports from the
manufacturer that COS boxes could fall
from their supports under forward load
levels less than the 9G forward load
requirements as defined by section
25.561 of the Federal Aviation
FAA’s Determination
We are proposing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop in other products of this same
type design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
the service information described
previously.
Costs of Compliance
We estimate that this proposed AD
affects 526 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
Modification .......
31 work-hours × $85 per hour = $2,635 ......................................................
$6,118
$8,753
$4,604,078
According to the manufacturer, some
of the costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. We do not control warranty
coverage for affected individuals. As a
result, we have included all costs in our
cost estimate.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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.
VerDate Mar<15>2010
16:33 Feb 24, 2012
Jkt 226001
We are 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
We determined that this proposed AD
would not have federalism implications
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
under Executive Order 13132. This
proposed AD would 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 this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska, and
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Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules
(4) 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.
accordance with the Accomplishment
Instructions of Boeing Special Attention
Service Bulletin 737–25–1641, Revision 1,
dated August 8, 2011.
DEPARTMENT OF TRANSPORTATION
(h) Credit for Previous Actions
14 CFR Part 39
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
This paragraph provides credit for the
modification required by paragraph (g) of this
AD, if the modification was performed before
the effective date of this AD using Boeing
Special Attention Service Bulletin 737–25–
1641, dated May 13, 2011.
[Docket No. FAA–2012–0102; Directorate
Identifier 2012–NM–004–AD]
(i) Alternative Methods of Compliance
(AMOCs)
AGENCY:
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
The Boeing Company: Docket No. FAA–
2012–0183; Directorate Identifier 2011–
NM–131–AD.
(a) Comments Due Date
We must receive comments by April 12,
2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 737–600, –700, –700C, –800, –900,
and –900ER series airplanes, certificated in
any category, as identified in Boeing Special
Attention Service Bulletin 737–25–1641,
Revision 1, dated August 8, 2011.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 25: Equipment/Furnishings.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
(e) Unsafe Condition
This AD was prompted by reports from the
manufacturer that center overhead stowage
(COS) boxes could fall from their supports
under forward load levels less than the 9G
forward load requirements as defined by
Federal Aviation Regulations. We are issuing
this AD to prevent detachment of COS boxes
at forward load levels less than 9G during an
emergency landing, which would cause
injury to passengers and/or crew and could
impede subsequent rapid evacuation.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Modification and Installation of Center
Overhead Stowage Boxes
Within 60 months after the effective date
of this AD, modify the COS boxes in
VerDate Mar<15>2010
16:33 Feb 24, 2012
Jkt 226001
(1) The Manager, Seattle Aircraft
Certification Office (ACO), 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 ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(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
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
Aircraft Certification Office to make those
findings.
Federal Aviation Administration
RIN 2120–AA64
Airworthiness Directives; Various
Transport Category Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
We propose to supersede an
existing airworthiness directive (AD)
that applies to certain transport category
airplanes. The existing AD currently
requires either activating all chemical
oxygen generators in the lavatories until
the generator oxygen supply is
expended, or removing the oxygen
generator(s); and, for each chemical
oxygen generator, after the generator is
expended (or removed), removing or
restowing the oxygen masks and closing
the mask dispenser door. Since we
issued that AD, we have identified
means to provide a supplemental
oxygen system that does not have the
unsafe condition. This proposed AD
would require installing a supplemental
oxygen system in affected lavatories,
which would terminate the
requirements of the existing AD. We are
proposing this AD to eliminate a hazard
that could jeopardize flight safety, and
(j) Related Information
to ensure that all lavatories have a
(1) For more information about this AD,
supplemental oxygen supply.
contact Patrick Gillespie, Aerospace
DATES: We must receive comments on
Engineer, Cabin Safety and Environmental
this proposed AD by April 12, 2012.
Systems Branch, ANM–150S, FAA, Seattle
ACO, 1601 Lind Avenue SW., Renton, WA
ADDRESSES: You may send comments,
98057–3356; phone: 425–917–6429; fax: 425– using the procedures found in 14 CFR
917–6590; email: patrick.gillespie@faa.gov.
11.43 and 11.45, by any of the following
(2) For service information identified in
methods:
this AD, contact Boeing Commercial
• Federal eRulemaking Portal: Go to
Airplanes, Attention: Data & Services
https://www.regulations.gov. Follow the
Management, P.O. Box 3707, MC 2H–65,
instructions for submitting comments.
Seattle, Washington 98124–2207; telephone
• Fax: 202–493–2251.
206–544–5000, extension 1; fax 206–766–
• Mail: U.S. Department of
5680; email me.boecom@boeing.com; Internet
Transportation, Docket Operations,
https://www.myboeingfleet.com. You may
M–30, West Building Ground Floor,
review copies of the referenced service
Room W12–140, 1200 New Jersey
information at the FAA, Transport Airplane
Avenue SE., Washington, DC 20590.
Directorate, 1601 Lind Avenue SW., Renton,
• Hand Delivery: Deliver to Mail
Washington. For information on the
address above between 9 a.m. and
availability of this material at the FAA, call
5 p.m., Monday through Friday, except
425–227–1221.
Federal holidays.
Issued in Renton, Washington, on February
14, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–4382 Filed 2–24–12; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
E:\FR\FM\27FEP1.SGM
27FEP1
Agencies
[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Proposed Rules]
[Pages 11416-11418]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4382]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0183; Directorate Identifier 2011-NM-131-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and
-900ER series airplanes. This proposed AD was prompted by reports from
the manufacturer that center overhead stowage (COS) boxes could fall
from their supports under forward load levels less than the 9G forward
load requirements as defined by Federal Aviation Regulations. This
proposed AD would require modifying COS boxes by installing new
brackets, stiffeners, and hardware as needed. We are proposing this AD
to prevent detachment of COS boxes at forward load levels less than 9G
during an emergency landing, which would cause injury to passengers
and/or crew and could impede subsequent rapid evacuation.
DATES: We must receive comments on this proposed AD by April 12, 2012.
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-
[[Page 11417]]
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 proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; email me.boecom@boeing.com;
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information
on the availability of this material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Patrick Gillespie, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA
98057-3356; phone: 425-917-6429; fax: 425-917-6590; email:
patrick.gillespie@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2012-0183;
Directorate Identifier 2011-NM-131-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We received reports from the manufacturer that COS boxes could fall
from their supports under forward load levels less than the 9G forward
load requirements as defined by section 25.561 of the Federal Aviation
Regulations (14 CFR 25.561). This condition, if not corrected, could
result in detachment of COS boxes at forward load levels less than 9G
during an emergency landing, which would cause injury to passengers
and/or crew and could impede subsequent rapid evacuation.
Relevant Service Information
We reviewed Boeing Special Attention Service Bulletin 737-25-1641,
Revision 1, dated August 8, 2011. The service information describes
procedures for modifying center overhead stowage boxes. The
modification includes installing new brackets, stiffeners, and hardware
(bolts, washers, and nuts) as needed.
FAA's Determination
We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of this same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in the service information described previously.
Costs of Compliance
We estimate that this proposed AD affects 526 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Modification.................... 31 work-hours x $85 per $6,118 $8,753 $4,604,078
hour = $2,635.
----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our 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.
We are 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
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
[[Page 11418]]
(4) 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):
The Boeing Company: Docket No. FAA-2012-0183; Directorate Identifier
2011-NM-131-AD.
(a) Comments Due Date
We must receive comments by April 12, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category, as identified in Boeing Special Attention Service Bulletin
737-25-1641, Revision 1, dated August 8, 2011.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 25: Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by reports from the manufacturer that
center overhead stowage (COS) boxes could fall from their supports
under forward load levels less than the 9G forward load requirements
as defined by Federal Aviation Regulations. We are issuing this AD
to prevent detachment of COS boxes at forward load levels less than
9G during an emergency landing, which would cause injury to
passengers and/or crew and could impede subsequent rapid evacuation.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Modification and Installation of Center Overhead Stowage Boxes
Within 60 months after the effective date of this AD, modify the
COS boxes in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-25-1641, Revision 1,
dated August 8, 2011.
(h) Credit for Previous Actions
This paragraph provides credit for the modification required by
paragraph (g) of this AD, if the modification was performed before
the effective date of this AD using Boeing Special Attention Service
Bulletin 737-25-1641, dated May 13, 2011.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(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 required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle Aircraft
Certification Office to make those findings.
(j) Related Information
(1) For more information about this AD, contact Patrick
Gillespie, Aerospace Engineer, Cabin Safety and Environmental
Systems Branch, ANM-150S, FAA, Seattle ACO, 1601 Lind Avenue SW.,
Renton, WA 98057-3356; phone: 425-917-6429; fax: 425-917-6590;
email: patrick.gillespie@faa.gov.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax 206-766-5680; email
me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
Issued in Renton, Washington, on February 14, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-4382 Filed 2-24-12; 8:45 am]
BILLING CODE 4910-13-P