Airworthiness Directives; The Boeing Company Airplanes, 59798-59801 [2013-23464]

Download as PDF mstockstill on DSK4VPTVN1PROD with RULES 59798 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations holding company pursuant to section 165(i)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, changes in regulatory capital ratios and any other capital ratios specified by the Board of the depository institution subsidiary over the planning horizon, including an explanation of the most significant causes for the changes in regulatory capital ratios. (2) State member banks that are subsidiaries of bank holding companies. A state member bank that is a subsidiary of a bank holding company will satisfy the public disclosure requirements under section 165(i)(2) of the DoddFrank Wall Street Reform and Consumer Protection Act when the bank holding company publicly discloses summary results of its stress test pursuant to this section or section 252.148 of this part, unless the Board determines that the disclosures at the holding company level do not adequately capture the potential impact of the scenarios on the capital of the state member bank. In this case, the state member bank must make the same disclosure as required by paragraph (b)(3) of this section. (3) State member banks that are not subsidiaries of bank holding companies. A state member bank that is not a subsidiary of a bank holding company must disclose, at a minimum, the following information regarding the severely adverse scenario: (i) A description of the types of risks being included in the stress test; (ii) A summary description of the methodologies used in the stress test; (iii) Estimates of— (A) Aggregate losses; (B) Pre-provision net revenue (C) Provision for loan and lease losses; (D) Net income; and (E) Pro forma regulatory capital ratios and any other capital ratios specified by the Board; and (iv) An explanation of the most significant causes for the changes in regulatory capital ratios. (c) Content of results. (1) The disclosure of aggregate losses, preprovision net revenue, provision for loan and lease losses, and net income that is required under paragraph (b) of this section must be on a cumulative basis over the planning horizon. (2) The disclosure of pro forma regulatory capital ratios and any other capital ratios specified by the Board that is required under paragraph (b) of this section must include the beginning value, ending value and minimum value of each ratio over the planning horizon. VerDate Mar<15>2010 16:39 Sep 27, 2013 Jkt 229001 By order of the Board of Governors of the Federal Reserve System, September 24, 2013. Robert deV. Frierson, Secretary of the Board. [FR Doc. 2013–23619 Filed 9–27–13; 8:45 am] PART 125—GOVERNMENT CONTRACTING PROGRAMS 1. The authority citation for part 125 continues to read as follows: ■ Authority: 15 U.S.C. 632(p), (q); 634(b)(6); 637; 644 and 657(f); Pub. L. 111–240, section 1321. BILLING CODE 6210–01–P SMALL BUSINESS ADMINISTRATION § 125.3 13 CFR Part 125 ■ RIN 3245–AG22 Small Business Subcontracting: Correction U.S. Small Business Administration. ACTION: Correcting amendments. AGENCY: This document contains corrections to the final regulations [FR Doc. 2013–169671, which were published in the Federal Register on Tuesday, July 16, 2013 (78 FR 42391). The document amended SBA’s regulations governing small business subcontracting to implement provisions of the Small Business Jobs Act of 2010. This correction amends a crossreference contained in the regulations. DATES: Effective September 30, 2013 and is applicable beginning August 15, 2013. FOR FURTHER INFORMATION CONTACT: Dean Koppel, Office of Government Contracting, U.S. Small Business Administration, 409 Third Street SW., 8th Floor, Washington, DC 20416. SUPPLEMENTARY INFORMATION: SUMMARY: Background On July 16, 2013, at 78 FR 42392 (available at http://www.gpo.gov/fdsys/ pkg/FR-2013-07-16/pdf/201316967.pdf). SBA published a final rule on subcontracting to implement provisions of the Small Business Jobs Act of 2010. The final rule established SBA’s policies for subcontracting compliance, including assignment of compliance responsibilities between contracting offices, small business offices, and program offices. Need for correction. As published, the final regulations contain incorrect cross-references which may prove to be misleading and need to be clarified. The cross reference in 13 CFR section 125.3(g)(4) to ‘‘paragraphs (g)(2)(i) and (g)(2)(ii)’’ is corrected to refer to ‘‘paragraphs (g)(1)(i) and (g)(1)(ii).’’ List of Subjects in 13 CFR Part 125 Government contracting programs, Small business subcontracting program. Accordingly, 13 CFR Part 125 is corrected by making the following correcting amendments: PO 00000 Frm 00024 Fmt 4700 [Amended] 2. Amend paragraph (g)(4) of § 125.3 to read as follows: Sfmt 4700 § 125.3 Subcontracting assistance. * * * * * (g) * * * (4) A contracting officer shall include a significant evaluation factor for the criteria described in paragraphs (g)(1)(i) and (g)(1)(ii) of this section in a bundled contract or order as defined in § 125.2. * * * * * Dated: September 19, 2013. Calvin Jenkins, Deputy Associate Administrator for Government Contracting and Business Development. [FR Doc. 2013–23257 Filed 9–27–13; 8:45 am] BILLING CODE 8025–01–M 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 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 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 SUMMARY: E:\FR\FM\30SER1.SGM 30SER1 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations tubing to prevent electrical arcing in a flammable fluid leakage zone, which could lead to a wheel well fire. 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. DATES: 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. ADDRESSES: 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: marie.hogestad@faa.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:39 Sep 27, 2013 Jkt 229001 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. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 59799 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 E:\FR\FM\30SER1.SGM 30SER1 59800 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 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/0/408E012E008 616A78625788800604 56C?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/0/408E012E008616A7 862578880060456C?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: • Are 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 Labor cost Parts cost Cost per product Cost on U.S. operators Inspection and installation ................ mstockstill on DSK4VPTVN1PROD with RULES Action 2 work-hours × $85 per hour = $170 ............................ $0 $170 $88,400 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, VerDate Mar<15>2010 16:39 Sep 27, 2013 Jkt 229001 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 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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, E:\FR\FM\30SER1.SGM 30SER1 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations (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 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): ■ 2013–19–03 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. mstockstill on DSK4VPTVN1PROD with RULES (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/0/408E012E008616A786257 8880060456C?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 VerDate Mar<15>2010 16:39 Sep 27, 2013 Jkt 229001 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: 9-ANM-Seattle-ACO-AMOCRequests@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 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, PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 59801 1601 Lind Avenue SW., Renton, WA 98057– 3356; phone: (425) 917–6418; fax: (425) 917– 6590; email: marie.hogestad@faa.gov. (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/ibrlocations.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] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–0723; Directorate Identifier 2011–NM–137–AD; Amendment 39–17586; AD 2013–19–04] 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, and –900 series airplanes. This AD was prompted by a SUMMARY: E:\FR\FM\30SER1.SGM 30SER1

Agencies

[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59798-59801]
From the Federal Register Online via the Government Printing 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.

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

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: 
marie.hogestad@faa.gov.

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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection and installation.........  2 work-hours x $85 per               $0             $170          $88,400
                                       hour = $170.
----------------------------------------------------------------------------------------------------------------

    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: 9-ANM-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.
    (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: 
marie.hogestad@faa.gov.
    (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]
BILLING CODE 4910-13-P