Rule2024-00993
Airworthiness Directives; The Boeing Company Airplanes
Primary source
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Published
January 18, 2024
Effective
January 18, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-9 airplanes. This AD was prompted by a report of an in-flight departure of a mid cabin door plug, which resulted in a rapid decompression of the airplane. This AD prohibits further flight of affected airplanes, until the airplane is inspected and all applicable corrective actions have been performed. The FAA previously sent an emergency AD to all known U.S. owners and operators of these airplanes. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 12 (Thursday, January 18, 2024)</title>
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[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3337-3339]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00993]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0032; Project Identifier AD-2024-00021-T;
Amendment 39-22663; AD 2024-02-51]
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
certain The Boeing Company Model 737-9 airplanes. This AD was prompted
by a report of an in-flight departure of a mid cabin door plug, which
resulted in a rapid decompression of the airplane. This AD prohibits
further flight of affected airplanes, until the airplane is inspected
and all applicable corrective actions have been performed. The FAA
previously sent an emergency AD to all known U.S. owners and operators
of these airplanes. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective on January 18, 2024. Emergency AD 2024-02-
51, issued on January 6, 2024, which contained the requirements of this
amendment, was effective with actual notice.
The FAA must receive comments on this AD by March 4, 2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> by
searching for and locating Docket No. FAA-2024-0032; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.
[[Page 3338]]
FOR FURTHER INFORMATION CONTACT: Michael Linegang, Manager, Operational
Safety Branch, FAA; phone: 817-222-5390; email:
<a href="/cdn-cgi/l/email-protection#440b34213625302d2b2a252817252221303d042225256a232b32"><span class="__cf_email__" data-cfemail="571827322536233e3839363b04363132232e1731363679303821">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2024-0032; Project Identifier AD-
2024-00021-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Michael
Linegang, Manager, Operational Safety Branch, FAA; phone: 817-222-5390;
email: <a href="/cdn-cgi/l/email-protection#c689b6a3b4a7b2afa9a8a7aa95a7a0a3b2bf86a0a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="054a75607764716c6a6b646956646360717c456364642b626a73">[email protected]</span></a>. Any commentary that the FAA receives
that is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
The FAA issued Emergency AD 2024-02-51, dated January 6, 2024
(Emergency AD 2024-02-51), to address an unsafe condition on certain
The Boeing Company Model 737-9 airplanes. The FAA sent the emergency AD
to all known U.S. owners and operators of these airplanes. Emergency AD
2024-02-51 prohibits further flight until the airplane is inspected and
all applicable corrective actions have been performed.
Emergency AD 2024-02-51 was prompted by a report of an in-flight
departure of a mid cabin door plug, which resulted in a rapid
decompression of the airplane. The FAA is issuing this AD to address
the potential in-flight loss of a mid cabin door plug. This condition,
if not addressed, could result in injury to passengers and crew, the
door impacting the airplane, and/or loss of control of the airplane.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
AD Requirements
This AD prohibits further flight of affected airplanes, until the
airplane is inspected and all applicable corrective actions have been
performed using a method approved by the Manager, AIR-520, Continued
Operational Safety Branch, FAA.
Interim Action
The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking then.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that required the immediate adoption of
Emergency AD 2024-02-51 issued on January 6, 2024, 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 in-flight loss of a mid cabin door
plug could result in injury to passengers and crew, the door impacting
the airplane, and/or loss of control of the airplane. These conditions
still exist, and the AD is hereby published in the Federal Register as
an amendment to 14 CFR 39.13 to make it effective to all persons. Given
the significance of the risk presented by this unsafe condition, it
must be immediately addressed. Accordingly, notice and opportunity for
prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds
that good cause exists pursuant to 5 U.S.C. 553(d) for making this
amendment effective in less than 30 days, for the same reasons the FAA
found good cause to forgo notice and comment.
Regulatory Flexibility Act (RFA)
The requirements of the 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 144 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspection............... Up to 8 work-hours x $0 Up to $680............ Up to $12,240.
$85 per hour = Up to
$680.
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[[Page 3339]]
The FAA has received no definitive data on which to base the cost
estimates for the corrective actions specified in this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
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
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:
2024-02-51 The Boeing Company: Amendment 39-22663; Docket No. FAA-
2024-0032; Project Identifier AD-2024-00021-T.
(a) Effective Date
The FAA issued Emergency Airworthiness Directive (AD) 2024-02-51
on January 6, 2024, directly to affected owners and operators. As a
result of such actual notice, the emergency AD was effective for
those owners and operators on the date it was provided. This AD
contains the same requirements as that emergency AD and, for those
who did not receive actual notice, is effective on January 18, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-9 airplanes,
certificated in any category, with a mid cabin door plug installed.
(d) Subject
Air Transport Association (ATA) of America Code 52, Doors.
(e) Unsafe Condition
This AD was prompted by a report of an in-flight departure of a
mid cabin door plug, which resulted in a rapid decompression of the
airplane. The FAA is issuing this AD to address the potential in-
flight loss of a mid cabin door plug, which could result in injury
to passengers and crew, the door impacting the airplane, and/or loss
of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection or Other Action
As of the effective date of this AD, further flight is
prohibited until the airplane is inspected and all applicable
corrective actions have been performed using a method approved by
the Manager, AIR-520, Continued Operational Safety Branch, FAA.
(h) Special Flight Permits
Special flight permits, as described in 14 CFR 21.197 and
21.199, are allowed only for unpressurized flights.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, AIR-520, Continued Operational Safety 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)
of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#330a1e727d7e1e60565247475f561e72707c1e727e7c701e6156424656404740735552521d545c45"><span class="__cf_email__" data-cfemail="3c05117d7271116f595d48485059117d7f73117d71737f116e594d49594f484f7c5a5d5d125b534a">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, AIR-
520, Continued Operational Safety Branch, FAA, to make those
findings. To be approved, the repair method, modification deviation,
or alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
(j) Related Information
For further information about this AD, contact Michael Linegang,
Manager, Operational Safety Branch, FAA; phone: 817-222-5390; email:
<a href="/cdn-cgi/l/email-protection#064976637467726f6968676a55676063727f4660676728616970"><span class="__cf_email__" data-cfemail="3f704f5a4d5e4b5650515e536c5e595a4b467f595e5e11585049">[email protected]</span></a>.
(k) Material Incorporated by Reference
None.
Issued on January 12, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2024-00993 Filed 1-16-24; 2:00 pm]
BILLING CODE 4910-13-P
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