[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Pages 71010-71012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32581]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-134-AD; Amendment 39-11469; AD 99-26-10]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-600, -700, and -800
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Boeing Model 737-600, -700, and -800 series
airplanes, that requires installation of a drain at each of the number
2 window frame assemblies in the airplane. This amendment is prompted
by reports that flight deck emergency exits (number 2 windows) were
found frozen shut after landing. The actions specified by this AD are
intended to prevent water accumulation in the lower corners of the
flight deck emergency exits (number 2 windows), which can freeze and
prevent the exits from being used during an emergency evacuation.
DATES: Effective January 24, 2000.
[[Page 71011]]
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 24, 2000.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Meghan Gordon, Aerospace
Engineer,Airframe Branch, ANM-120S, FAA, Transport Airplane
Directorate, Seattle Aircraft Certification Office, 1601 Lind Avenue,
SW., Renton, Washington 98055-4056; telephone (425) 227-2207; fax (425)
227-1181.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Boeing Model 737-600, -
700, and -800 series airplanes was published in the Federal Register on
July 14, 1999 (64 FR 37918). That action proposed to require
installation of a drain at each of the number 2 window frame assemblies
in the airplane.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
One commenter has no objection to the proposed rule, and one
commenter states that the rule does not affect it.
Request To Reduce Compliance Time
One commenter supports the proposed rule, but requests that the
compliance time be reduced to 12 months from 18 months. The commenter
also requests that the maximum time from publication of the final rule
in the Federal Register until the effective date of the rule be no more
than 30 days. The commenter states that based upon the proposed
compliance times, adding in the administrative procedures time to
publish the final rule and a possible ``delayed'' effective date, the
affected airplanes may go through two more cold weather seasons before
an operator must correct this unsafe condition.
The FAA does not concur with the commenter's request to reduce the
compliance time of the AD, or accelerate the effective date to no more
than 30 days after publication in the Federal Register. Reduction of
the compliance time from 18 to 12 months would necessitate reopening
the comment period, resulting in further delay of the AD. In developing
the compliance time for this AD action, the FAA considered not only the
safety implications of the unsafe condition addressed, but the average
utilization rate of the affected fleet, the practical aspects of an
orderly modification of the fleet during regular maintenance periods,
the availability of parts, and the time necessary for the rulemaking
process. The proposed compliance time of 18 months after the effective
date of the AD was determined to be appropriate.
Also, the effective date for an AD action is not arbitrarily
assigned, as the commenter implies. The Administrative Procedure Act
(APA) requires that Federal agencies provide at least 30 days after
publication of a final rule in the Federal Register before making it
effective, unless ``good cause'' can be found not to do so. Under the
APA, the basis for this finding is similar to the basis for a finding
of good cause to dispense with notice and comment procedures in issuing
rules. In the case of certainAD's, the nature of the action may be of
such urgency that for the FAA to take any additional time to provide
notice and opportunity for prior public comment would be impracticable;
in those cases, the FAA finds good cause for making the rule effective
in less than 30 days. In the case of this AD action, the FAA does not
consider that the addressed unsafe condition is of such a critical
nature that time could not be afforded for notice and the opportunity
for the public to comment on the rule. It follows then, that there is
no basis for finding good cause for making this rule effective in less
than 30 days. For final rules following notice, the FAA usually assigns
an effective date of 30 days after publication. No change to the final
rule is necessary.
Request To Increase the Cost Estimate
One commenter requests that the number of work hours in the cost
estimate be increased to 5 work hours from 3 work hours. The commenter
states that Boeing Service Bulletin 737-56-1011, dated November 19,
1998, states that 5 hours are required per airplane to perform the
installation, and the rulemaking cost impact analysis should be
consistent with the work hours quoted in the service bulletin.
The FAA does not concur with the commenter's request. The cost
impact information, below, describes only the ``direct'' costs of the
specific actions required by this AD. The number of work hours
necessary to accomplish the required actions, specified as 3 in the
cost impact information below, was provided to the FAA by the
manufacturer based on the best data available to date. This number
represents the time necessary to perform only the actions actually
required by this AD. The FAA recognizes that, in accomplishing the
requirements of any AD, operators may incur ``incidental'' costs in
addition to the ``direct'' costs. The cost analysis in AD rulemaking
actions, however, typically does not include incidental costs, such as
the time required to gain access and close up, planning time, or time
necessitated by other administrative actions. Because incidental costs
may vary significantly from operator to operator, they are almost
impossible to calculate. No change to the final rule is necessary.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
There are approximately 144 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 57 airplanes of U.S. registry
will be affected by this AD, that it will take approximately 3 work
hours per airplane to accomplish the required installation, and that
the average labor rate is $60 per work hour. Required parts will cost
approximately $536 per airplane. Based on these figures, the cost
impact of the AD on U.S. operators is estimated to be $40,812, or $716
per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
[[Page 71012]]
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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. Section 39.13 is amended by adding the following new
airworthiness directive:
99-26-10 Boeing: Amendment 39-11469. Docket 99-NM-134-AD.
Applicability: Model 737-600, -700, and -800 series airplanes;
line numbers 1 through 144 inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent water accumulation in the lower corners of the flight
deck emergency exits (number 2 windows), which can freeze and
prevent the exits from being used during an emergency evacuation,
accomplish the following:
Installation
(a) Within 18 months after the effective date of this AD,
install a drain at each of the number 2 window frame assemblies in
the airplane, in accordance with Boeing Service Bulletin 737-56-
1011, dated November 19, 1998.
Alternative Methods of Compliance
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Seattle ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
Special Flight Permits
(c) Special flight permits may be issued in accordance with
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR
21.197 and 21.199) to operate the airplane to a location where the
requirements of this AD can be accomplished.
Incorporation by Reference
(d) The actions shall be done in accordance with Boeing Service
Bulletin 737-56-1011, dated November 19, 1998. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707,
Seattle, Washington 98124-2207. Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on January 24, 2000.
Issued in Renton, Washington, on December 10, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-32581 Filed 12-17-99; 8:45 am]
BILLING CODE 4910-13-U
