Airworthiness Directives; The Boeing Company Airplanes, 3254-3256 [2020-00798]
Download as PDF
3254
Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Parts 11, 300, and 302
49 CFR Parts 1, 5, 7, 106, 211, 389, 553,
and 601
RIN 2105–AE84
Administrative Rulemaking, Guidance,
and Enforcement Procedures
Correction
In rule document 2019–26672,
appearing on pages 71714 through
71734, in the issue of Friday, December
27, 2019 make the following corrections:
1. Correction document C1–2019–
26672 published by the Office of the
Federal Register, appearing on page
1747, in the issue of Monday, January
13, 2020 was incorrect and is
withdrawn.
§ 5.23
[Corrected]
2. On page 71726, in the second
column, in the third paragraph, on the
second line from the bottom, ‘‘its 8
officers’’ should read ‘‘its officers’’.
3. On the same page, in the same
column, in the footnotes, footnote 8
should be removed.
[FR Doc. C2–2019–26672 Filed 1–17–20; 8:45 am]
BILLING CODE 1301–00–D
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
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
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:38 Jan 17, 2020
Jkt 250001
manufacturing process for the 9G rigid
barrier installed on BDSF conversions
that identified a manufacturing noncompliance. 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.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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:
FOR FURTHER INFORMATION CONTACT:
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 noncompliance. 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
E:\FR\FM\21JAR1.SGM
21JAR1
Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Rules and Regulations
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
3255
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
Cost per
product
Cost on U.S.
operators
1 work-hour × $85 per hour = $85 ..............................................................................................
$0
$85
$510
jbell on DSKJLSW7X2PROD with RULES
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.
VerDate Sep<11>2014
16:38 Jan 17, 2020
Jkt 250001
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.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\21JAR1.SGM
21JAR1
3256
Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Rules and Regulations
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(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.
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):
■
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.
jbell on DSKJLSW7X2PROD with RULES
(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–
VerDate Sep<11>2014
16:38 Jan 17, 2020
Jkt 250001
(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: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
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:
eric.lin@faa.gov.
(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 aviation_group@iai.co.il; internet
https://www.iai.co.il/about/groups/aviationgroup.
(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.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
(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 fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2018–0221; Airspace
Docket No. 17–ANM–24]
RIN–2120–AA66
Amendment, Revocation, and
Establishment of Air Traffic Service
(ATS) Routes; Western United States
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule, correction.
AGENCY:
This action corrects a final
rule published in the Federal Register
of November 20, 2019, that amended,
removed and established United States
Area Navigation (RNAV) ATS routes in
the western United States. ATS route T–
268 had a geographic coordinate
misidentified for HEMER, WA
waypoint. This action corrects the
geographic coordinate that was
incorrectly listed in the final rule.
DATES: Effective date 0901 UTC, January
30, 2020. The Director of the Federal
Register approves this incorporation by
reference action under Title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT:
Kenneth Ready, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
SUMMARY:
History
The FAA published a final rule in the
Federal Register for Docket No. FAA–
2018–0221 (84 FR 64014, November 20,
2019), that amended, removed and
established RNAV ATS routes in the
western United States. Subsequent to
publication, the FAA identified an
E:\FR\FM\21JAR1.SGM
21JAR1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 [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
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85............................. $0 $85 $510
----------------------------------------------------------------------------------------------------------------
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