Airworthiness Directives; The Boeing Company Airplanes, 25377-25380 [2013-09205]

Download as PDF Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Aircraft Certification Office (ACO), ANM–150S, 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: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (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 Airplane 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. wreier-aviles on DSK5TPTVN1PROD with RULES (i) Related Information For more information about this AD, contact Sarah Piccola, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057–3356; phone: (425) 917–6483; fax: (425) 917–6590; email: sarah.piccola@faa.gov. (j) 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 767–25–0520, dated February 8, 2012. (ii) Reserved. (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone (206) 544–5000, extension 1; fax (206) 766– 5680; Internet https:// www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. (4) You may view this service information at FAA, 1601 Lind Avenue SW., Renton, Washington 98057–3356. 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 VerDate Mar<15>2010 14:02 Apr 30, 2013 Jkt 229001 25377 the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. this material at the FAA, call 425–227– 1221. Issued in Renton, Washington, on April 10, 2013. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. 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 (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. [FR Doc. 2013–09202 Filed 4–30–13; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: 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 SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 Examining the AD Docket 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: ansel.james@faa.gov. 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 reidentification 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. E:\FR\FM\01MYR1.SGM 01MYR1 25378 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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 Action Labor cost Modification, Group 1 (734 airplanes) ............ 50 work-hours × $85 per hour = $4,250 ........ VerDate Mar<15>2010 14:02 Apr 30, 2013 Jkt 229001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Parts cost $1,262 E:\FR\FM\01MYR1.SGM 01MYR1 Cost per product $5,512 Cost on U.S. operators $4,045,808 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations 25379 ESTIMATED COSTS—Continued Action Labor cost Modification, Group 2 (58 airplanes) .............. Modification, Group 3 (280 airplanes) ............ 27 work-hours × $85 per hour = $2,295 ........ 3 work-hours × $85 per hour = $255 ............. 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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: VerDate Mar<15>2010 14:02 Apr 30, 2013 Jkt 229001 Parts cost 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 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 1,262 94 Cost per product 3,557 349 Cost on U.S. operators 206,306 97,720 (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: 9ANMSeattle-ACO-AMOC-Requests@faa.gov. (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: ansel.james@faa.gov. (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 E:\FR\FM\01MYR1.SGM 01MYR1 25380 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations 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/cfr/ibrlocations.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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–1303; Directorate Identifier 2010–SW–049–AD; Amendment 39–17434; AD 2013–08–17] RIN 2120–AA64 Airworthiness Directives; Eurocopter France Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule. wreier-aviles on DSK5TPTVN1PROD with RULES AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model SA–365N, SA–365N1, AS–365N2, AS 365 N3, and SA–366G1 helicopters. This AD requires an initial and recurring inspection of the 9-degree frame for a crack, and repair of the frame if there is a crack. This AD was prompted by the discovery of a crack in the 9-degree frame of a Eurocopter Model AS–365N2 helicopter, and these cracks could develop on the other specified model helicopters because they contain the same 9-degree frame. The actions specified by this AD are intended to detect a crack in the 9degree frame to prevent loss of structural integrity and subsequent loss of control of the helicopter. DATES: This AD is effective June 5, 2013. The Director of the Federal Register approved the incorporation by reference of certain documents listed in this AD as of June 5, 2013. ADDRESSES: For service information identified in this AD, contact American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053–4005; telephone (800) 232–0323; fax (972) 641–3710; or at https:// www.eurocopter.com. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. VerDate Mar<15>2010 14:02 Apr 30, 2013 Jkt 229001 Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800– 647–5527) is U.S. Department of Transportation, Docket Operations Office, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222–5110; email gary.b.roach@faa.gov. SUPPLEMENTARY INFORMATION: Discussion On January 18, 2011 at 76 FR 2842, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 to include an AD that would apply to Eurocopter Model SA–365N, SA– 365N1, AS–365N2, AS 365 N3, and SA–366G1 helicopters. That NPRM proposed to require an initial and recurring inspections of the inner angles and flanges of the 9-degree frame on the right-hand (RH) and left-hand (LH) sides for a crack. If a crack was found, the NPRM proposed to require, before further flight, repairing the frame. The proposed requirements were intended to detect a crack in the 9-degree frame to prevent loss of structural integrity and subsequent loss of control of the helicopter. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, issued EASA Emergency AD No. 2010–0064–E, dated April 1, 2010, which supersedes EASA Emergency AD No. 2009–0125–E, dated June 12, 2009 (with a correction dated June 15, 2009), to correct an unsafe condition for the specified model helicopters. EASA advises that during a major inspection a crack was found in the 9-degree frame of an AS 365 N2 helicopter, which had logged a total of 10,786 flight hours. The crack was located 230 millimeters above the cabin floor and had grown over a large section of the 9-degree frame on the RH side. EASA states that analysis shows that the time required for initiation of a crack in this area varies PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 according to the weight and balance data of the different aircraft versions. Comments We gave the public the opportunity to participate in developing this AD, but we did not receive any comments on the NPRM (76 FR 2842, January 18, 2011). FAA’s Determination These helicopters have been approved by the aviation authority of France and are approved for operation in the United States. Pursuant to our bilateral agreement with France, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by the EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed, except we are incorporating figures by reference instead of including them in our AD to meet current publication requirements. This change is consistent with the intent of the proposals in the NPRM (76 FR 2842, January 18, 2011) and will not increase the economic burden on any operator nor increase the scope of the AD. Related Service Information Eurocopter has issued Emergency Alert Service Bulletin (EASB), Revision 1, dated March 31, 2010, containing the following three numbers: No. 05.00.57 for FAA type-certificated Model SA– 365N and N1, and AS–365N2 and N3 helicopters and for military, not FAA type-certificated, Model AS365F, Fs, Fi, and K helicopters; No. 05.00.25 for military, not FAA type-certificated, Model AS565AA, MA, MB, SA, SB, and UB helicopters; and No. 05.39 for FAA type-certificated Model SA–366G1 helicopters and for military, not FAA type-certificated, Model SA366GA helicopters. This EASB specifies checking at regular intervals for a crack in the areas of the inner angles and flanges of the 9° frame on the RH and LH sides, near the splice. This EASB also states that Eurocopter is currently studying an improvement (reinforcement) of the frame, which will cancel the checks specified by the EASB. EASA classified this EASB as mandatory and issued AD No. 2010– 0064–E, dated April 1, 2010, to ensure the continued airworthiness of these helicopters. E:\FR\FM\01MYR1.SGM 01MYR1

Agencies

[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Rules and Regulations]
[Pages 25377-25380]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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 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 (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: ansel.james@faa.gov.

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
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

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: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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: ansel.james@faa.gov.

(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: https://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