[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59798-59801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23464]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0985; Directorate Identifier 2011-NM-250-AD;
Amendment 39-17585; AD 2013-19-03]
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 chafing damage to
a wire bundle that was arcing to hydraulic tubing and caused by
insufficient separation between the wire bundle and the hydraulic
tubing in the main landing gear (MLG) wheel well. This AD requires an
inspection for damage of wire bundles and hydraulic tubing on the right
side of the forward bulkhead of the MLG wheel well; installation of new
clamps; and corrective actions, as applicable. We are issuing this AD
to detect and correct possible damage caused by insufficient separation
between the wire bundles and hydraulic
[[Page 59799]]
tubing to prevent electrical arcing in a flammable fluid leakage zone,
which could lead to a wheel well fire.
DATES: This AD is effective November 4, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 4,
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: Marie Hogestad, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone: (425) 917-6418; 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 include an AD that would apply to the specified products.
The NPRM published in the Federal Register on September 20, 2012 (77 FR
58334). The NPRM proposed to require an inspection for damage of wire
bundles and hydraulic tubing on the right side of the forward bulkhead
of the MLG wheel well; installation of new clamps; and corrective
actions, as applicable.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 58334, September 20, 2012) and the FAA's response to each
comment.
Request To Refer to Revised Service Information
United Airlines (United) requested that we refer to the latest
revision of the service information in this final rule.
We agree with United's request, since Boeing has issued Special
Attention Service Bulletin 737-29-1113, Revision 1, dated March 29,
2013. That service information removes airplanes from the effectivity,
which were reworked during production and on which the change specified
in Boeing Special Attention Service Bulletin 737-29-1113, Revision 1,
dated March 29, 2013, has already been incorporated. We have revised
paragraph (g) of this final rule to refer to that revised service
information, added a new paragraph (h) to this final rule to allow
credit for previous actions done using Boeing Special Attention Service
Bulletin 737-29-1113, dated March 23, 2011. Subsequent paragraphs have
been redesignated accordingly.
Request To Clarify Source of Applicability Exclusions
American Airlines (American), Delta Airlines (Delta), and United
requested that we revise the NPRM (77 FR 58334, September 20, 2012) to
clarify the source of the airplane line numbers excluded from the
applicability paragraph which do not appear in Boeing Special Attention
Service Bulletin 737-29-1113, dated March 23, 2011, or in Boeing
Service Bulletin Information Notice 737-29-1113 IN 01, dated May 20,
2011, and correct the source of the applicability information in the
``Differences Between the Proposed AD and the Service Information''
paragraph.
We partially agree. Boeing identified those airplanes that were
reworked during production, and communicated the excluded line numbers
to the FAA prior to the issuance of the NPRM (77 FR 58334, September
20, 2012). Boeing Special Attention Service Bulletin 737-29-1113,
Revision 1, dated March 29, 2013, reduced the number of affected
airplanes. We have revised paragraph (c) of this final rule to identify
those airplanes which are affected by this AD. Because the
``Differences Between Proposed AD and the Service Information''
paragraph is not restated in the preamble of the final rule, we have
not made any change to the final rule in that regard.
Request To Simplify Applicability
United requested that the applicability statement of the NPRM (77
FR 58334, September 20, 2012) be simplified to clearly state which
airplanes are affected by the AD.
We agree with United's request. We have revised paragraph (c) of
this final rule to match the line numbers as listed in Boeing Special
Attention Service Bulletin 737-29-1113, Revision 1, dated March 29,
2013. We have coordinated this change with Boeing.
Request To Clarify Applicability
United requested that the applicability statement of the NPRM (77
FR 58334, September 20, 2012) be clarified since it differs from the
service bulletin. United stated that Boeing Special Attention Service
Bulletin 737-29-1113, dated March 23, 2011, contains a conditional
statement for the required clamp installation based on whether there is
sufficient separation between the wire bundle and hydraulic tubing.
United reasoned that operators may elect not to install new clamps if
they find sufficient separation between the wire bundling and hydraulic
tubing.
We disagree with United's request because the NPRM (77 FR 58334,
September 20, 2012) did not include the implied conditional
applicability. This final rule applies to all airplanes listed in
paragraph (c) of this AD regardless of separation between the hydraulic
tubing and wire bundles. We have changed paragraph (c) of this AD to
match the line numbers as listed in Boeing Special Attention Service
Bulletin 737-29-1113, Revision 1, dated March 29, 2013, since this new
revision of the service bulletin was released since the issuance of the
NPRM.
Request To Verify Excluded Airplane Line Numbers (L/Ns) Are Correct
American and Delta requested that the FAA verify the excluded
airplane L/Ns are correct in paragraph (c) ``Applicability'' of the
NPRM (77 FR 58334, September 20, 2012) because there were discrepancies
between the NPRM, Boeing Service Bulletin Information Notice (IN) 737-
29-1113 IN 01, dated May 20, 2011, and Boeing Special Attention Service
Bulletin 737-29-1113, dated March 23, 2011. American and Delta stated
they had airplanes that should not be included in the effectivity since
they did not have the hydraulic tubing that is referred to in the
service information installed. American and Delta confirmed through a
review of the applicable airplane illustrated parts catalogs that
certain L/Ns did not have the hydraulic tubing
[[Page 59800]]
installed (i.e. American L/Ns 3307, 3328, 3334, 3340, and 3347; Delta
L/N 3338). American stated that two of its airplanes did have the
hydraulic tubing installed (American L/Ns 3291 and 3298).
We agree to provide clarification. The airplane L/Ns listed by both
American and Delta are excluded airplane L/Ns. The FAA has verified
with Boeing that the correct airplane L/Ns are listed in the NPRM (77
FR 58334, September 20, 2012) and match the airplane L/Ns in Boeing
Special Attention Service Bulletin 737-29-1113, Revision 1, dated March
29, 2013. As stated previously, we have revised paragraph (c) of this
final rule to identify those airplanes that are affected by this AD.
This change has been coordinated with Boeing.
Request To Add Inspection for Clamps Already Installed
United requested that the NPRM (77 FR 58334, September 20, 2012) be
revised to include an inspection to look for clamps already installed
prior to performing the required work, and if found, to check the part
number of the subject clamp. United stated that if the clamp is not a
part number listed in Boeing Special Attention Service Bulletin 737-29-
1113, Revision 1, dated March 29, 2013, it should be replaced. United
stated it found at least one aircraft with clamps installed on the
right side of the forward bulkhead of the MLG wheel well and that it
has revised its work instructions to include the clamp installation and
part number inspection.
We disagree with United's request to add an inspection to look for
clamps already installed prior to performing the required work because
Boeing has confirmed that the airplane mentioned by United is among
those listed as an excluded line number, meaning it was already
reworked during production. Because both this final rule and Boeing
Special Attention Service Bulletin 737-29-1113, Revision 1, dated March
29, 2013, require installation of new clamps with the correct part
number, we have not made any change to this final rule in that regard.
Statement Regarding Installation of Winglets
Aviation Partners Boeing (APB) stated that the installation of
winglets per supplemental type certificate (STC) ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does
not affect the actions specified in the NPRM (77 FR 58334, September
20, 2012).
We concur. We have redesignated paragraph (c) of the NPRM (77 FR
58334, September 20, 2012) as paragraph (c)(1) in this final rule,
added paragraph (c)(2) to this final rule, which states that STC
ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does
not affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST00830SE 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 (i) 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 changes described previously and minor editorial
changes. We have determined that these minor changes:
[Agr]re consistent with the intent that was proposed in
the NPRM (77 FR 58334, September 20, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 58334, September 20, 2012).
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 520 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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Inspection and installation......... 2 work-hours x $85 per $0 $170 $88,400
hour = $170.
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We have received no definitive data that would enable us to provide
labor cost estimates for the on-condition actions (repairing or
replacing of damaged wire bundles and damaged hydraulic tubing)
specified in this AD.
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
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,
[[Page 59801]]
(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):
2013-19-03 The Boeing Company: Amendment 39-17585; Docket No. FAA-
2012-0985; Directorate Identifier 2011-NM-250-AD.
(a) Effective Date
This AD is effective November 4, 2013.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category, line numbers (L/Ns) 1060 through 3289 inclusive, and 3294,
but excluding L/Ns 3138, 3158, 3169, 3175, 3216, 3224, 3253, and
3274.
(2) Installation of Supplemental Type Certificate (STC)
ST00830SE(http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST00830SE 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 29, Hydraulic Power.
(e) Unsafe Condition
This AD was prompted by a report of chafing damage to a wire
bundle that was arcing to hydraulic tubing and caused by
insufficient separation between the wire bundle and the hydraulic
tubing in the main landing gear (MLG) wheel well. We are issuing
this AD to detect and correct possible damage caused by insufficient
separation between the wire bundles and hydraulic tubing to prevent
electrical arcing in a flammable fluid leakage zone, which could
lead to a wheel well fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection and Installation
Within 24 months after the effective date of this AD: Do a
general visual inspection of hydraulic tubing having part numbers
(P/Ns) 272A4451-136 and 272A4451-137, and wire bundles W6128, W7122,
W8122, and W8222 for wire chafing or damage, install new clamps in
the right MLG wheel well, and do all applicable corrective actions,
in accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-29-1113, Revision 1, dated March 29,
2013. All corrective actions must be done before further flight.
(h) Credit for Previous Actions
This paragraph provides credit for the corresponding actions
specified in paragraph (g) of this AD, if those actions were
performed before the effective date of this AD using Boeing Special
Attention Service Bulletin 737-29-1113, dated March 23, 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 paragraph (j)(1) 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.
(j) Related Information
(1) For more information about this AD, contact Marie Hogestad,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone: (425) 917-6418; fax: (425) 917-6590; email:
[email protected].
(2) Service information identified in but not incorporated by
reference in this AD may be obtained at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.
(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 737-29-1113,
Revision 1, dated March 29, 2013.
(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 service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
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 September 10, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-23464 Filed 9-27-13; 8:45 am]
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