[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Rules and Regulations]
[Pages 25377-25380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09205]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0288; Directorate Identifier 2008-NM-214-AD;
Amendment 39-17435; AD 2013-08-18]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-600, -700, -700C, -800, -900 and -900ER
series airplanes. This AD was prompted by a report of leaking fuel from
the wing leading edge area at the inboard end of the number 5 leading
edge slat. This AD requires modifying the fluid drain path in the wing
leading edge area, forward of the wing front spar, and doing all
applicable related investigative and corrective actions; and installing
new seal disks on the latches in the fuel shutoff valve access door. We
are issuing this AD to prevent flammable fluids from accumulating in
the wing leading edge, and draining inboard and onto the engine exhaust
nozzle, which could result in a fire.
DATES: This AD is effective June 5, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 5, 2013.
ADDRESSES: 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; 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Ansel James, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone:
425-917-6497; fax: 425-917-6590; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to include an airworthiness directive (AD) that
would apply to the specified products. That SNPRM published in the
Federal Register on March 16, 2012 (77 FR 15638). The original NPRM (74
FR 15683, April 7, 2009) proposed to require modifying the fluid drain
path in the wing leading edge area, forward of the wing front spar and
doing all applicable related investigative and corrective actions. The
SNPRM proposed to revise that NPRM by including installing new seal
disks on the latches in the fuel shutoff valve access door as part of
the modification and by specifying that certain inspections are
detailed inspections. The SNPRM also proposed to revise the
applicability to include additional airplanes.
Revised Service Bulletin
Boeing has issued Special Attention Service Bulletin 737-57-1293,
Revision 3, dated December 14, 2012. This revision includes
clarification for the re-identification of parts and assemblies. We
have revised paragraphs (c) and (g) of this AD to refer to Boeing
Special Attention Service Bulletin 737-57-1293, Revision 3, dated
December 14, 2012.
[[Page 25378]]
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the
supplemental NPRM (77 FR 15638, March 16, 2012) and the FAA's response
to each comment.
Concurrence
Boeing concurred with the content of the SNPRM (77 FR 15638, March
16, 2012).
Request for Compliance Time Extension
United Airlines, Tracinda Flight Department, and American Airlines
requested an extension to the 24-month compliance time specified in the
SNPRM (77 FR 15638, March 16, 2012). Tracinda Flight Department
requested a compliance time of 36 months to coincide with a heavy
maintenance check. American Airlines requested a compliance time of 60
to 72 months to coincide with its scheduled heavy maintenance check.
American Airlines stated that the actions accomplished in accordance
with AD 2011-06-05, Amendment 39-16629 (76 FR 15808, March 22, 2011),
address the safety issue identified in the SNPRM. United Airlines
recommended a compliance time of 60 months for airplanes on which
actions have been done in accordance with AD 2011-06-05, as well as
airplanes having line numbers 2700 and subsequent on which the actions
have been incorporated for the wing slat down stop hardware
modification and inspections.
We disagree with the commenters' requests to extend the compliance
time. We have determined that the compliance time, as proposed,
represents the maximum interval of time allowable for the affected
airplanes to continue to safely operate before the modification is
done. Since maintenance schedules vary among operators, there would be
no assurance that the airplanes would be modified during that maximum
interval. However, under the provisions of paragraph (i) of the final
rule, we will consider requests for approval of an extension of the
compliance time if sufficient data are submitted to substantiate that a
new compliance time would provide an acceptable level of safety.
Additionally, the issue addressed in this AD is different from the
issue addressed in AD 2011-06-05, Amendment 39-16629 (76 FR 15808,
March 22, 2011); therefore, changing the compliance time based on the
actions done in accordance with AD 2011-06-05 is not acceptable. We
have not changed the AD in this regard.
Request for Change to Airplane Groups
Southwest Airlines requested a change to the airplanes in Group 2,
as specified in Boeing Special Attention Service Bulletin 737-57-1293,
Revision 2, dated September 28, 2011. The commenter stated that Group 2
airplanes include line numbers 2131 through 2837--instead of 2131
through 2437, as specified in Boeing Special Attention Service Bulletin
737-57-1293, Revision 2, dated September 28, 2011. The commenter stated
that Figures 4 and 16 of that service bulletin specify a modification
of the hinge assembly having part number (P/N) 116A5522-1, which is
installed on airplanes having line numbers 1 through 2837.
We disagree to change the airplanes in Group 2. The purpose of the
Group 2 division is to address a parting agent issue and not hinge
trimming. Although the hinge assembly part number does change at
airplane line number 2837, it is unrelated to the Group 2 division. No
change has been made to the AD in this regard.
Request for Parts Specifications
American Airlines requested that we provide material specifications
and part dimensions to allow for manufacturing of alternatives for a
seal disk having P/N 116A8505-2. The commenter stated that the parts
are unavailable from Boeing and having an alternate part is necessary
to ensure a sufficient supply for operators.
We cannot include proprietary information such as part dimensions
and materials in ADs; however, we are aware that seal disks having P/N
116A8505-2 are now available from the manufacturer. No change has been
made to the AD in this regard.
Request for Credit for Actions Done Previously
Tracinda Flight Department requested that we revise the
supplemental NPRM (77 FR 15638, March 16, 2012) to provide credit for
doing the actions specified in Boeing Special Attention Service
Bulletin 737-57-1293, Revision 2, dated September 28, 2011.
We agree to allow credit for actions done in accordance with Boeing
Special Attention Service Bulletin 737-57-1293, Revision 2, dated
September 28, 2011. We have added new paragraph (h) to this AD
accordingly.
American Airlines requested that we revise the supplemental NPRM
(77 FR 15638, March 16, 2012) to allow credit for actions done using
Boeing Special Attention Service Bulletin 737-57-1293, Revision 1,
dated January 11, 2010. The commenter stated that the updates in Boeing
Special Attention Service Bulletin 737-57-1293, Revision 2, dated
September 28, 2011, do not address the safety issue with the exception
of the addition of the rubber seal disk.
We disagree with the commenter's request. Boeing Special Attention
Service Bulletin 737-57-1293, Revision 2, dated September 28, 2011,
changed the inspection type for the bonding jumper countersink diameter
and clarified certain instructions specified in Boeing Special
Attention Service Bulletin 737-57-1293, Revision 1, dated January 11,
2010. However, operators may request approval of an alternative method
of compliance (AMOC), as specified in paragraph (i) of this AD. No
change has been made to the AD in this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
SNPRM (77 FR 15638, March 16, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the SNPRM (77 FR 15638, March 16, 2012).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 1,072 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Modification, Group 1 (734 airplanes) 50 work-hours x $85 per $1,262 $5,512 $4,045,808
hour = $4,250.
[[Page 25379]]
Modification, Group 2 (58 airplanes). 27 work-hours x $85 per 1,262 3,557 206,306
hour = $2,295.
Modification, Group 3 (280 airplanes) 3 work-hours x $85 per 94 349 97,720
hour = $255.
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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
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,
(2) Is not a ``significant rule'' under 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.
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):
2013-08-18 The Boeing Company: Amendment 39-17435; Docket No. FAA-
2009-0288; Directorate Identifier 2008-NM-214-AD.
(a) Effective Date
This AD is effective June 5, 2013.
(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
737-57-1293, Revision 3, dated December 14, 2012.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report of leaking fuel from the wing
leading edge area at the inboard end of the number 5 leading edge
slat. We are issuing this AD to prevent flammable fluids from
accumulating in the wing leading edge, and draining inboard and onto
the engine exhaust nozzle, which could result in a fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Modification
Within 24 months after the effective date of this AD, modify the
fluid drain path in the wing leading edge area, forward of the wing
front spar, and do all applicable related investigative and
corrective actions, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-57-
1293, Revision 3, dated December 14, 2012. Do all applicable related
investigative and corrective actions before further flight.
(h) Credit for Previous Actions
This paragraph provides credit for the corresponding actions
required by paragraph (g) of this AD, if those actions were
performed before the effective date of this AD using Boeing Special
Attention Service Bulletin 737-57-1293, Revision 2, dated September
28, 2011, which is not incorporated by reference in this AD.
(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: [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.
(j) Related Information
For more information about this AD, contact Ansel James,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; phone: 425-917-6497; fax: 425-917-6590;
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) Boeing Special Attention Service Bulletin 737-57-1293,
Revision 3, dated December 14, 2012.
(ii) Reserved.
(3) 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; Internet https://www.myboeingfleet.com.
(4) 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records
[[Page 25380]]
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on April 5, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-09205 Filed 4-30-13; 8:45 am]
BILLING CODE 4910-13-P