Airworthiness Directives; The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes, 2062-2064 [2010-398]
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2062
Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
ˆ
(h) Refer to MCAI Agencia Nacional de
Aviacao Civil (ANAC) Airworthiness
¸˜
Directive 2008–09–01, dated September 30,
2008, and the service information identified
in Table 1 of this AD, for related information.
TABLE 1—SERVICE INFORMATION
Embraer Service Bulletin—
Revision—
Dated—
170–24–0019 .........................................................................
170–24–0020 .........................................................................
170–31–0020 .........................................................................
Original ..................................................................................
Original ..................................................................................
01 ...........................................................................................
December 6, 2006.
November 30, 2006.
May 21, 2008.
Material Incorporated by Reference
(i) You must use the service information
contained in Table 2 of this AD as applicable,
to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro
˜
Faria Lima, 2170—Putim—12227–901 Sao
Jose dos Campos—SP—BRASIL; telephone:
+55 12 3927–5852 or +55 12 3309–0732; fax:
+55 12 3927–7546; e-mail:
distrib@embraer.com.br; Internet: https://
www.flyembraer.com.
(3) You may review copies of the 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 or 425–227–1152.
(4) You may also review copies of the
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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
TABLE 2—MATERIAL INCORPORATED BY REFERENCE
Embraer Service Bulletin—
Revision—
Dated—
170–24–0019 .........................................................................
170–24–0020 .........................................................................
170–31–0020 .........................................................................
Original ..................................................................................
Original ..................................................................................
01 ...........................................................................................
December 6, 2006.
November 30, 2006.
May 21, 2008.
Issued in Renton, Washington, on
December 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–212 Filed 1–13–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0657; Directorate
Identifier 2009–NM–048–AD; Amendment
39–16175; AD 2010–02–04]
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 737–600, –700, –700C,
–800, –900, and –900ER Series
Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes. This
VerDate Nov<24>2008
13:33 Jan 13, 2010
Jkt 220001
AD requires replacing the engine fuel
shutoff valves for the left and right main
tanks. This AD results from a report of
a failed engine start, which was caused
by an internally fractured engine fuel
shutoff valve. We are issuing this AD to
prevent the failure of the valve in the
closed position, open position, or
partially open position, which could
result in engine fuel flow problems and
possible uncontrolled fuel leak or fire.
DATES: This AD is effective February 18,
2010.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of February 18, 2010.
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; e-mail
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
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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 (telephone 800–647–5527)
is the 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:
Samuel Spitzer, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6510; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to
certain Model 737–600, –700, –700C,
–800, –900, and –900ER series
airplanes. That NPRM was published in
the Federal Register on July 29, 2009
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Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations
(74 FR 37657). That NPRM proposed to
require replacing the engine fuel shutoff
valves for the left and right main tanks.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received from
the commenters.
Support for the NPRM
Boeing concurs with the contents of
the NPRM. Continental Airlines has no
technical objections to the NPRM.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Request To Clarify Use of Valve Bodies
Continental Airlines states that the
NPRM affects the engine fuel shutoff
valves, and paragraph (i) of the NPRM
prohibits installing any valve with ITT
Aerospace Controls part number
125334D–1 (Boeing part number
S343T003–40) that has been removed
from the spar location on any airplane
in any location unless it has been
modified in accordance with Boeing
Service Bulletin 737–28–1272, dated
October 31, 2008, to the new ITT
125334D–2 part number (Boeing part
number S343T003–67).
We infer that Continental Airlines
asks that we clarify whether the
removed valve can be reused on
airplanes in any location. We agree to
provide clarification. These valves may
not be used in any location on the
airplane unless they have been modified
in accordance with Boeing Service
Bulletin 737–28–1272, dated October
31, 2008, to the new ITT 125334D–2
part number (Boeing part number
S343T003–67). We have not changed
the AD in this regard.
Request To Increase the Cost of
Compliance
Air Transport Association (ATA), on
behalf of its member American Airlines,
requests that we increase the costs of
compliance to reflect 34 work-hours
instead of 26 work-hours. ATA states
that the ITT Aerospace Controls service
bulletin includes 4 hours for each
engine fuel spar valve body. Each
Boeing Model 737–600, –700, –700C,
–800, –900, and –900ER series airplane
has 2 valve bodies in the engine fuel
shutoff valve position.
We disagree with the request to
increase the cost of compliance. Boeing
Service Bulletin 737–28–1272, dated
October 31, 2008, provides the option to
return the valve to the supplier for
modification, and therefore, the actions
identified by the commenter are not
mandatory. Because the additional costs
cited by the ATA are optional to
operators, we do not consider those
costs in our determination of the cost of
VerDate Nov<24>2008
13:33 Jan 13, 2010
Jkt 220001
compliance. We have not changed the
AD in this regard.
Request To Extend the Compliance
Time
ATA, on behalf of its member
American Airlines, requests that we
extend the compliance time from 60
months to 72 months after the effective
date of the AD. The commenter states
that maintenance schedules may not
allow for accomplishment of the
required actions on all affected aircraft
within the compliance time, depending
on the effective date of the AD.
We disagree with the request to
extend the compliance time. The 60month compliance time was established
to maintain an acceptable level of safety
across the 737 fleet in consideration of
the valve failure rate, consequence of
the failure, and practicality of
incorporating the corrective actions. The
commenter has not offered rationale for
extending the compliance time. In
developing an appropriate compliance
time for this action, we considered the
urgency associated with the subject
unsafe condition, the availability of
required parts, and the practical aspect
of accomplishing the required
modification within a period of time
that corresponds to the normal
scheduled maintenance for most
affected operators. According to the
manufacturer, an ample number of
required parts will be available to
modify the U.S. fleet within the
proposed compliance time. However,
according to the provisions of paragraph
(j) of the final rule, we may approve
requests to adjust the compliance time
if the request includes data that prove
the new compliance time would provide
an acceptable level of safety. We have
not changed the AD in this regard.
Explanation of Changes Made to This
AD
We have revised this AD to identify
the legal name of the manufacturer as
published in the most recent type
certificate data sheet for the affected
airplane models.
Conclusion
We have carefully reviewed the
available data, including the comments
that have been received, and determined
that air safety and the public interest
require adopting the AD with the
changes described previously. We have
determined that these changes will
neither increase the economic burden
on any operator nor increase the scope
of the AD.
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2063
Costs of Compliance
We estimate that this AD affects 883
airplanes of U.S. registry. We also
estimate that it takes 26 work-hours per
product to comply with this AD. The
average labor rate is $80 per work-hour.
Required parts cost up to $8,496 per
product. Based on these figures, we
estimate the cost of this AD to the U.S.
operators to be up to $9,338,608, or
$10,576 per product.
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), and
(3) 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.
You can find our regulatory
evaluation and the estimated costs of
compliance in the AD Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2010–02–04 The Boeing Company:
Amendment 39–16175. Docket No.
FAA–2009–0657; Directorate Identifier
2009–NM–048–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective February 18, 2010.
Affected ADs
(b) None.
Applicability
(c) 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 Service Bulletin 737–28–1272, dated
October 31, 2008.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
Unsafe Condition
(e) This AD requires replacing engine fuel
shutoff valves for the left and right main
tanks. This AD results from a report of a
failed engine start, which was caused by an
internally fractured engine fuel shutoff valve.
We are issuing this AD to prevent the failure
of the valve in the closed position, open
position, or partially open position, which
could result in engine fuel flow problems and
possible uncontrolled fuel leak or fire.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Replacement of the Engine Fuel Spar Valve
Body of the Left and Right Wing Main Tanks
(g) Within 60 months after the effective
date of this AD: Replace the engine fuel spar
valve bodies of the left and right wing main
tanks in accordance with the
Accomplishment Instructions of Boeing
Service Bulletin 737–28–1272, dated October
31, 2008.
Note 1: Boeing Service Bulletin 737–28–
1272, dated October 31, 2008, refers to ITT
Aerospace Controls Service Bulletin
125334D–28–02, dated August 27, 2008, as
an additional source of guidance for
modifying the valve body assembly.
VerDate Nov<24>2008
13:33 Jan 13, 2010
Jkt 220001
Parts Installation
(h) As of the effective date of this AD, no
person may install any engine fuel shutoff
valve with ITT Aerospace Controls part
number 125334D–1 (Boeing part number
S343T003–40) on any airplane at the spar
valve location. A valve that has been
modified in accordance with Boeing Service
Bulletin 737–28–1272, dated October 31,
2008, to the new ITT 125334D–2 part number
(Boeing part number S343T003–67) may be
installed at the spar valve location.
(i) As of the effective date of this AD, no
valve with ITT Aerospace Controls part
number 125334D–1 (Boeing part number
S343T003–40) that has been removed from
the spar location may be reinstalled on any
airplane in any location unless it has been
modified in accordance with Boeing Service
Bulletin 737–28–1272, dated October 31,
2008, to the new ITT 125334D–2 part number
(Boeing part number S343T003–67).
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Samuel Spitzer,
Aerospace Engineer, Propulsion Branch,
ANM–140S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356; telephone
(425) 917–6510; fax (425) 917–6590. Or,
e-mail information to 9-ANM-Seattle-ACOAMOC-Requests@faa.gov.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
Material Incorporated by Reference
(k) You must use Boeing Service Bulletin
737–28–1272, dated October 31, 2008, to do
the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) 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; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
(3) You may review copies of the 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 or 425–227–1152.
(4) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
December 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–398 Filed 1–13–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0236; Directorate
Identifier 2009–NE–06–AD; Amendment 39–
16162; AD 2010–01–05]
RIN 2120–AA64
Airworthiness Directives; CFM
International, S.A. CFM56–7B Series
Turbofan Engines
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for CFM
International, S.A. CFM56–7B series
turbofan engines. This AD requires
initial and repetitive eddy current
inspections (ECIs) of certain part
number (P/N) low-pressure (LP) turbine
rear frames. This AD results from a
refined life analysis by the engine
manufacturer that shows the need to
identify an initial and repetitive
inspection threshold for inspecting
certain LP turbine rear frames. We are
issuing this AD to prevent failure of the
LP turbine rear frame from low-cyclefatigue cracks. Failure of the LP turbine
rear frame could result in engine
separation from the airplane, possibly
leading to loss of control of the airplane.
DATES: This AD becomes effective
February 18, 2010. The Director of the
Federal Register approved the
incorporation by reference of certain
publications listed in the regulations as
of February 18, 2010.
ADDRESSES: You can get the service
information identified in this AD from
CFM International, Technical
Publications Department, 1 Neumann
Way, Cincinnati, OH 45215; telephone
(513) 552–2800; fax (513) 552–2816.
The Docket Operations office is
located at Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
E:\FR\FM\14JAR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 9 (Thursday, January 14, 2010)]
[Rules and Regulations]
[Pages 2062-2064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-398]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0657; Directorate Identifier 2009-NM-048-AD;
Amendment 39-16175; AD 2010-02-04]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 737-600, -700,
-700C, -800, -900, and -900ER Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes.
This AD requires replacing the engine fuel shutoff valves for the left
and right main tanks. This AD results from a report of a failed engine
start, which was caused by an internally fractured engine fuel shutoff
valve. We are issuing this AD to prevent the failure of the valve in
the closed position, open position, or partially open position, which
could result in engine fuel flow problems and possible uncontrolled
fuel leak or fire.
DATES: This AD is effective February 18, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 18,
2010.
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; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 (telephone 800-647-5527) is the 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: Samuel Spitzer, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6510; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes. That NPRM was published in the Federal Register on July 29,
2009
[[Page 2063]]
(74 FR 37657). That NPRM proposed to require replacing the engine fuel
shutoff valves for the left and right main tanks.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the commenters.
Support for the NPRM
Boeing concurs with the contents of the NPRM. Continental Airlines
has no technical objections to the NPRM.
Request To Clarify Use of Valve Bodies
Continental Airlines states that the NPRM affects the engine fuel
shutoff valves, and paragraph (i) of the NPRM prohibits installing any
valve with ITT Aerospace Controls part number 125334D-1 (Boeing part
number S343T003-40) that has been removed from the spar location on any
airplane in any location unless it has been modified in accordance with
Boeing Service Bulletin 737-28-1272, dated October 31, 2008, to the new
ITT 125334D-2 part number (Boeing part number S343T003-67).
We infer that Continental Airlines asks that we clarify whether the
removed valve can be reused on airplanes in any location. We agree to
provide clarification. These valves may not be used in any location on
the airplane unless they have been modified in accordance with Boeing
Service Bulletin 737-28-1272, dated October 31, 2008, to the new ITT
125334D-2 part number (Boeing part number S343T003-67). We have not
changed the AD in this regard.
Request To Increase the Cost of Compliance
Air Transport Association (ATA), on behalf of its member American
Airlines, requests that we increase the costs of compliance to reflect
34 work-hours instead of 26 work-hours. ATA states that the ITT
Aerospace Controls service bulletin includes 4 hours for each engine
fuel spar valve body. Each Boeing Model 737-600, -700, -700C, -800, -
900, and -900ER series airplane has 2 valve bodies in the engine fuel
shutoff valve position.
We disagree with the request to increase the cost of compliance.
Boeing Service Bulletin 737-28-1272, dated October 31, 2008, provides
the option to return the valve to the supplier for modification, and
therefore, the actions identified by the commenter are not mandatory.
Because the additional costs cited by the ATA are optional to
operators, we do not consider those costs in our determination of the
cost of compliance. We have not changed the AD in this regard.
Request To Extend the Compliance Time
ATA, on behalf of its member American Airlines, requests that we
extend the compliance time from 60 months to 72 months after the
effective date of the AD. The commenter states that maintenance
schedules may not allow for accomplishment of the required actions on
all affected aircraft within the compliance time, depending on the
effective date of the AD.
We disagree with the request to extend the compliance time. The 60-
month compliance time was established to maintain an acceptable level
of safety across the 737 fleet in consideration of the valve failure
rate, consequence of the failure, and practicality of incorporating the
corrective actions. The commenter has not offered rationale for
extending the compliance time. In developing an appropriate compliance
time for this action, we considered the urgency associated with the
subject unsafe condition, the availability of required parts, and the
practical aspect of accomplishing the required modification within a
period of time that corresponds to the normal scheduled maintenance for
most affected operators. According to the manufacturer, an ample number
of required parts will be available to modify the U.S. fleet within the
proposed compliance time. However, according to the provisions of
paragraph (j) of the final rule, we may approve requests to adjust the
compliance time if the request includes data that prove the new
compliance time would provide an acceptable level of safety. We have
not changed the AD in this regard.
Explanation of Changes Made to This AD
We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.
Conclusion
We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 883 airplanes of U.S. registry. We
also estimate that it takes 26 work-hours per product to comply with
this AD. The average labor rate is $80 per work-hour. Required parts
cost up to $8,496 per product. Based on these figures, we estimate the
cost of this AD to the U.S. operators to be up to $9,338,608, or
$10,576 per product.
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), and
(3) 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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
[[Page 2064]]
Adoption of the Amendment
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Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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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]
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2. The FAA amends Sec. 39.13 by adding the following new AD:
2010-02-04 The Boeing Company: Amendment 39-16175. Docket No. FAA-
2009-0657; Directorate Identifier 2009-NM-048-AD.
Effective Date
(a) This airworthiness directive (AD) is effective February 18,
2010.
Affected ADs
(b) None.
Applicability
(c) 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 Service Bulletin 737-28-1272,
dated October 31, 2008.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Unsafe Condition
(e) This AD requires replacing engine fuel shutoff valves for
the left and right main tanks. This AD results from a report of a
failed engine start, which was caused by an internally fractured
engine fuel shutoff valve. We are issuing this AD to prevent the
failure of the valve in the closed position, open position, or
partially open position, which could result in engine fuel flow
problems and possible uncontrolled fuel leak or fire.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Replacement of the Engine Fuel Spar Valve Body of the Left and Right
Wing Main Tanks
(g) Within 60 months after the effective date of this AD:
Replace the engine fuel spar valve bodies of the left and right wing
main tanks in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 737-28-1272, dated October 31, 2008.
Note 1: Boeing Service Bulletin 737-28-1272, dated October 31,
2008, refers to ITT Aerospace Controls Service Bulletin 125334D-28-
02, dated August 27, 2008, as an additional source of guidance for
modifying the valve body assembly.
Parts Installation
(h) As of the effective date of this AD, no person may install
any engine fuel shutoff valve with ITT Aerospace Controls part
number 125334D-1 (Boeing part number S343T003-40) on any airplane at
the spar valve location. A valve that has been modified in
accordance with Boeing Service Bulletin 737-28-1272, dated October
31, 2008, to the new ITT 125334D-2 part number (Boeing part number
S343T003-67) may be installed at the spar valve location.
(i) As of the effective date of this AD, no valve with ITT
Aerospace Controls part number 125334D-1 (Boeing part number
S343T003-40) that has been removed from the spar location may be
reinstalled on any airplane in any location unless it has been
modified in accordance with Boeing Service Bulletin 737-28-1272,
dated October 31, 2008, to the new ITT 125334D-2 part number (Boeing
part number S343T003-67).
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Samuel Spitzer, Aerospace Engineer, Propulsion Branch, ANM-140S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone (425) 917-6510; fax (425)
917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
Material Incorporated by Reference
(k) You must use Boeing Service Bulletin 737-28-1272, dated
October 31, 2008, to do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) 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; e-mail
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
(3) You may review copies of the 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 or 425-227-1152.
(4) You may also review copies of the 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on December 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-398 Filed 1-13-10; 8:45 am]
BILLING CODE 4910-13-P
