[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Rules and Regulations]
[Pages 49910-49913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19811]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0207; Directorate Identifier 2011-NM-071-AD;
Amendment 39-17530; AD 2013-15-14]
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 superseding airworthiness directive (AD) 2008-06-29,
which applied to all The Boeing Company Model 737-300, -400, and -500
series airplanes. AD 2008-06-29 required repetitive inspections of the
downstop assemblies on the main tracks of the No. 2, 3, 4, and No. 5
slats and the inboard track of the No. 1 and 6 slats to verify if any
parts are missing, damaged, or in the wrong order; other specified
actions; and related investigative and corrective actions if necessary.
This new AD retains these requirements and adds an inspection of the
slat can interior for foreign object debris (FOD), and removal of any
FOD found; modification of the slat track hardware; an inspection for
FOD and for damage to the interior surface of the slat cans; and
related investigative and corrective actions, if necessary. This AD was
prompted by development of a modification by the manufacturer, which,
when installed, would terminate the repetitive inspections. We are
issuing this AD to prevent loose or missing parts in the main slat
track downstop assemblies, which could puncture the slat track housing
and result in a fuel leak and consequent fire.
DATES: This AD is effective September 20, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
20, 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: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA,
[[Page 49911]]
Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW.,
Renton, Washington 98057-3356; phone: (425) 917-6440; fax: (425) 917-
6590; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2008-06-29, Amendment 39-15441 (73 FR 15397,
March 24, 2008) (``AD 2008-06-29''). AD 2008-06-29 applied to the
specified products. The NPRM published in the Federal Register on March
11, 2013 (78 FR 15332). The NPRM proposed to continue to require
repetitive inspections of the downstop assemblies on the main tracks of
the No. 2, 3, 4, and No. 5 slats and the inboard track of the No. 1 and
6 slats to verify if any parts are missing, damaged, or in the wrong
order; other specified actions; and related investigative and
corrective actions if necessary. The NPRM also proposed to add an
inspection of the slat can interior for foreign object debris (FOD),
and removal of any FOD found; modification of the slat track hardware;
an inspection for FOD and for damage to the interior surface of the
slat cans; and related investigative and corrective actions, if
necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 15332, March 11, 2013) and the FAA's response to each comment.
Concurrence With NPRM (78 FR 15332, March 11, 2013)
Boeing stated that it concurs with the content of the proposed rule
(78 FR 15332, March 11, 2013).
Statement Regarding Installation of Winglets
Aviation Partners Boeing (APB) stated that the installation of
winglets per STC ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se) does
not affect the actions specified in the NPRM (78 FR 15332, March 11,
2013).
We concur. We have added new paragraph (c)(2) to this AD, which
states that STC ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se) does
not affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST01219SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of Section
39.17 of the Federal Aviation Regulations (14 CFR 39.17). For all other
AMOC requests, the operator must request approval of an AMOC in
accordance with the procedures specified in paragraph (k) of this AD.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the change described previously--and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (78 FR 15332, March 11, 2013) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 15332, March 11, 2013).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 568 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspection of slat track housing 4 work-hours x $85 per $0 $340 $193,120
[retained actions from AD 2008-06-29 hour = $340 per
(73 FR 15397, March 24, 2008)]. inspection cycle.
One-time detailed inspection of slat 5 work-hours x $85 per 0 425 241,400
can [new action]. hour = $85.
Installation of modification [new 12 work-hours x $85 per 3,124 4,144 2,353,792
action]. hour = $1,020.
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We have received no definitive data that would enable us to provide
a cost estimate for the on-condition 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.
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 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.
[[Page 49912]]
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 removing airworthiness directive (AD)
2008-06-29, Amendment 39-15441 (73 FR 15397, March 24, 2008), and
adding the following new AD:
2013-15-14 The Boeing Company: Amendment 39-17530; Docket No. FAA-
2013-0207; Directorate Identifier 2011-NM-071-AD.
(a) Effective Date
This AD is effective September 20, 2013.
(b) Affected ADs
This AD supersedes AD 2008-06-29, Amendment 39-15441 (73 FR
15397, March 24, 2008).
(c) Applicability
(1) This AD applies to all The Boeing Company Model 737-300, -
400, and -500 series airplanes, certificated in any category.
(2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57: Wings.
(e) Unsafe Condition
This AD was prompted by reports of fuel leaking from a puncture
in the slat track housing (referred to as ``slat can''). We are
issuing this AD to prevent loose or missing parts in the main slat
track downstop assemblies, which could puncture the slat track
housing and result in a fuel leak and consequent fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Inspection of Downstop Assemblies and Corrective Action
This paragraph restates the requirements of paragraph (f) of AD
2008-06-29, Amendment 39-15441 (73 FR 15397, March 24, 2008), with
revised service information. At the applicable times specified in
Table 1 of paragraph 1.E. of Boeing Alert Service Bulletin 737-
57A1301, dated February 5, 2008; or Boeing Service Bulletin 737-
57A1301, Revision 3, dated August 11, 2011; except as provided by
paragraph (g)(1) of this AD: Do a detailed inspection or borescope
inspection of the downstop assemblies on the main tracks of the No.
2, 3, 4, and 5 slats and the inboard track of the No. 1 and 6 slats
to verify if any parts are missing, damaged, or installed in the
wrong order; and do all the other specified, related investigative,
and corrective actions as applicable; by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-57A1301, dated February 5, 2008;
or Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11,
2011; except as provided by paragraphs (g)(2) and (g)(3) of this AD.
Repeat the inspection thereafter at the applicable times specified
in Table 1 of paragraph 1.E. of Boeing Alert Service Bulletin 737-
57A1301, dated February 5, 2008; or Boeing Service Bulletin 737-
57A1301, Revision 3, dated August 11, 2011. Do all applicable
related investigative and corrective actions before further flight.
As of the effective date of this AD, only Boeing Service Bulletin
737-57A1301, Revision 3, dated August 11, 2011, may be used to
accomplish the actions required by this paragraph.
(1) Where Boeing Alert Service Bulletin 737-57A1301, dated
February 5, 2008, or Boeing Service Bulletin 737-57A1301, Revision
3, dated August 11, 2011, specifies counting the compliance time
from ``the date on the service bulletin,'' this AD requires counting
the compliance time from April 8, 2008 (the effective date of AD
2008-06-29, Amendment 39-15441 (73 FR 15397, March 24, 2008)).
(2) For airplanes on which any downstop assembly part is missing
or damaged, a borescope inspection of the inside of the slat track
housing for loose parts and damage to the wall of the slat track
housing may be accomplished in lieu of the detailed inspection of
the inside of the slat track housing that is specified in Boeing
Alert Service Bulletin 737-57A1301, dated February 5, 2008; or
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11,
2011. As of the effective date of this AD, only Boeing Service
Bulletin 737-57A1301, Revision 3, dated August 11, 2011, may be used
to do the actions specified in this paragraph.
(3) If any damaged slat track housing is found during any
inspection required by paragraph (g) of this AD: Before further
flight, repair in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11,
2011; replace the slat can with a new slat can having the same part
number, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin 737-57A1301, Revision 3, dated August 11, 2011; or
repair the slat can using a method approved in accordance with the
procedures specified in paragraph (k) of this AD.
(h) New Detailed Inspection for Foreign Object Debris (FOD)
Within 24 months after the effective date of this AD, do a one-
time detailed inspection of the slat can interior to detect FOD, in
accordance with Part III of the Accomplishment Instructions of
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11,
2011. If any FOD is found, before further flight, remove it, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-57A1301, Revision 3, dated August 11, 2011.
(i) New Modification and Inspection
Within 72 months or 15,000 flight cycles, whichever occurs
first, after the effective date of this AD: Modify the slat track
hardware by installing new downstop assembly hardware, and do a
detailed inspection for FOD and a one-time inspection for damage to
the interior surface of the slat can for the inboard and outboard
tracks of slats 2 through 5, and the inboard slats of tracks 1 and
6; and do all applicable related investigative and corrective
actions; in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11,
2011. Do all applicable related investigative and corrective actions
before further flight. Accomplishment of the actions required by
this paragraph terminates the inspections required by paragraphs (g)
and (h) of this AD.
(j) Credit for Previous Actions
This paragraph provides credit for the actions required by
paragraphs (g), (h), and (i) of this AD, if those actions were
performed before the effective date of this AD using Boeing Alert
Service Bulletin 737-57A1301, Revision 1, dated September 24, 2009;
or Boeing Alert Service Bulletin 737-57A1301, Revision 2, dated
January 17, 2011; which are not incorporated by reference in this
AD.
(k) 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
[[Page 49913]]
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.
(4) AMOCs approved previously in accordance with AD 2008-06-29,
Amendment 39-15441 (73 FR 15397, March 24, 2008), are approved as
AMOCs for the corresponding provisions of this AD.
(l) Related Information
For more information about this AD, contact Nancy Marsh,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: (425) 917-6440; fax: (425) 917-6590; email:
[email protected].
(m) 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 this AD specifies otherwise.
(i) Boeing Service Bulletin 737-57A1301, Revision 3, dated
August 11, 2011.
(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 view this service information at 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 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 July 21, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-19811 Filed 8-15-13; 8:45 am]
BILLING CODE 4910-13-P