[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Proposed Rules]
[Pages 21279-21281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08335]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0302; Directorate Identifier 2013-NM-019-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 supersede an existing airworthiness directive
(AD) that applies to certain The Boeing Company Model 737-100 and -200
series airplanes. The existing AD currently requires replacement of
certain underwing fuel tank access covers with stronger, fire-resistant
covers. Since we issued that AD, we received reports of standard access
doors installed where impact resistant access doors are required and
reports of impact resistant doors without stencils. This proposed AD
would require inspecting fuel tank access doors to determine that
impact resistant access doors are installed in the correct locations,
inspecting application of stencils and index markers of impact
resistant access doors, corrective actions if necessary, revising the
maintenance program, and adding airplanes to the applicability. We are
proposing this AD to prevent foreign object penetration of the wing
tank, which could lead to a fuel leak near ignition sources (engine,
hot brakes), consequently leading to a fuel-fed fire.
DATES: We must receive comments on this proposed AD by May 28, 2013.
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 http://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 proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000,
extension 1; fax 206-766-5680; 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 http://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: Suzanne Lucier, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone:
425-917-6438; fax: 425-917-6590; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0302;
Directorate Identifier 2013-NM-019-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 http://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
On December 29, 1986, we issued AD 87-02-07, Amendment 39-5506
(Docket No. 86-NM-175-AD; 52 FR 518-01, January 7, 1987), for certain
Model 737-100 and 737-200 series airplanes. That AD requires
replacement of certain underwing fuel tank access covers with stronger,
fire-resistant covers. That AD resulted from an incident of cover
penetration, which resulted in a fire and total loss of the airplane.
We issued that AD to prevent foreign object penetration of the wing
tank, which could lead to a fuel leak near ignition sources (engine,
hot brakes), consequently leading to a fuel-fed fire.
Actions Since Existing AD Was Issued
Since we issued AD 87-02-07, Amendment 39-5506 (Docket No. 86-NM-
175-AD; 52 FR 518-01, January 7, 1987), we received reports of standard
access doors installed where impact resistant access doors are required
and reports of impact resistant doors without stencils.
Relevant Service Information
We reviewed Boeing Service Bulletin 737-28-1286, dated January 10,
2012.
[[Page 21280]]
The service information describes procedures for inspecting stencils
and index markers of impact resistance access doors and corrective
action if necessary. For information on the procedures and compliance
times, see this service information at http://www.regulations.gov by
searching for Docket No. FAA-2013-0302.
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 these same type
designs.
Proposed AD Requirements
This proposed AD would retain none of the requirements of AD 87-02-
07, Amendment 39-5506 (Docket No. 86-NM-175-AD; 52 FR 518-01, January
7, 1987). Since that AD was issued, the FAA issued section 121.316 of
the Federal Aviation Regulations (14 CFR 121.316) requiring that each
turbine powered transport category airplane meet the requirements of
section 25.963(e) of the Federal Aviation Regulations (14 CFR
25.963(e)). Section 25.963(e) outlines the certification requirements
for fuel tank access covers on turbine powered transport category
airplanes.
This proposed AD would require inspecting fuel tank access doors to
determine that impact resistant access doors are installed in the
correct locations, inspecting application of stencils and index markers
of impact resistant access doors, corrective actions if necessary, and
revising the maintenance program. This proposed AD also would add Model
737-200C and 737-300 series airplanes to the applicability, since these
models are similar in design to Model 737-100 and -200 series
airplanes.
This proposed AD requires revisions to certain operator maintenance
documents to include a new critical design configuration control
limitation (CDCCL). Compliance with CDCCLs is required by section
91.403(c) of the Federal Aviation Regulations (14 CFR 91.403(c)). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator might not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to the
procedures specified in paragraph (j) of this proposed AD. The request
should include a description of changes to the required actions that
will ensure the continued damage tolerance of the affected structure.
The phrase ``related investigative actions'' might be used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that: (1) are related to the primary actions, and (2) are actions that
further investigate the nature of any condition found. Related
investigative actions in an AD could include, for example, inspections.
In addition, the phrase ``corrective actions'' might be used in
this proposed AD. ``Corrective actions'' are actions that correct or
address any condition found. Corrective actions in an AD could include,
for example, repairs.
Costs of Compliance
We estimate that this proposed AD affects 128 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
----------------------------------------------------------------------------------------------------------------
Inspect, replace, and apply stencil and 8 work-hours x $85 per hour $0 $85 $87,040
index marker. = $680.
Revise airworthiness limitations......... 1 work-hour x $85 per hour 0 85 10,880
= $85.
----------------------------------------------------------------------------------------------------------------
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 have 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 that the 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
(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
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 removing airworthiness directive (AD)
87-02-07, Amendment 39-5506 (Docket No. 86-NM-175-AD; 52 FR 518-01,
January 7, 1987), and adding the following new AD:
[[Page 21281]]
The Boeing Company: Docket No. FAA-2013-0302; Directorate Identifier
2013-NM-019-AD.
(a) Comments Due Date
The FAA must receive comments on this AD action by May 28, 2013.
(b) Affected ADs
This AD supersedes AD 87-02-07, Amendment 39-5506 (Docket No.
86-NM-175-AD; 52 FR 518-01, January 7, 1987).
(c) Applicability
This AD applies to The Boeing Company Model 737-100, -200, -
200C, and -300 series airplanes, certified in any category, as
identified in Boeing Service Bulletin 737-28-1286, dated January 10,
2012.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by reports of standard access doors
installed where impact resistant access doors are required and
reports of impact resistant doors without stencils. We are issuing
this AD to prevent foreign object penetration of the wing tank,
which could lead to a fuel leak near ignition sources (engine, hot
brakes), consequently leading to a fuel-fed fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection and Corrective Actions
Within 72 months after the effective date of this AD, do a
general visual inspection of the left-wing and right-wing fuel tank
access doors to determine that impact resistant access doors are
installed in the correct locations, and an inspection for proper
application of stencils and index markers of impact resistance
access doors; and do all applicable corrective actions; in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-28-1286, dated January 10, 2012. Do all applicable
corrective actions before further flight.
(h) Maintenance Program Revision
Within 60 days after the effective date of this AD, revise the
maintenance program to incorporate airworthiness limitation (AWL)
57-AWL-01, as specified in Section C, Airworthiness Limitations
(AWLs)--Fuel Systems, of the Boeing 737-100/200/200C/300/400/500
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-38278-CMR, dated August 2012.
(i) No Alternative Critical Design Configuration Control Limitations
(CDCCLs)
After accomplishing the revision required by paragraph (h) of
this AD, no alternative CDCCLs may be used unless the CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (j) of this AD.
(j) 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: [email protected].
(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 ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
(k) Related Information
(1) For more information about this AD, contact Suzanne Lucier,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; phone: 425-917-6438; fax: 425-917-6590;
email: [email protected].
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; 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 March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08335 Filed 4-9-13; 8:45 am]
BILLING CODE 4910-13-P