Airworthiness Directives; The Boeing Company Airplanes, 9178-9181 [2018-03824]

Download as PDF 9178 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations same type certificate to incorporate the same novel or unusual design feature, the FAA would apply these special conditions to the other model. Novel or Unusual Design Features The model C90A King Air will incorporate the following novel or unusual design features: The installation of an Electronic Engine Control (EEC) system. sradovich on DSK3GMQ082PROD with RULES Conclusion This action affects only certain novel or unusual design features on the model C90A airplane. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane. The substance of these special conditions has been subjected to the notice and comment period in several prior instances, identified above, and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, notice and opportunity for prior public comment hereon are unnecessary and the FAA finds good cause, in accordance with 5 U.S. Code §§ 553(b)(3)(B) and 553(d)(3), making these special conditions effective upon issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above. Jkt 244001 Citation Authority: 49 U.S.C. 106(f), 106(g), 40113 and 44701; 14 CFR 21.16 and 21.101; and 14 CFR 11.38 and 11.19. Applicability These special conditions are applicable to the model C90A King Air when modified by Nextant Aerospace. Should Nextant Aerospace apply later for a supplemental type certificate to modify any other model included on Type Certificate No. 3A20 to incorporate the same novel or unusual design feature, the FAA would apply these special conditions to that model as well. 15:56 Mar 02, 2018 Aircraft, Aviation safety, Signs and symbols. The authority citation for these special conditions is as follows: Discussion As defined in the summary section, this airplane makes use of an electronic engine control system in addition to a traditional mechanical control system, which is a novel design for this type of airplane. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. Mandating a structured assessment to determine potential installation issues mitigate the concerns that the addition of an electronic engine control does not produce a failure condition not previously considered. VerDate Sep<11>2014 List of Subjects in 14 CFR Part 23 The Special Conditions safety assessment process. The term ‘‘probable’’ in ‘‘probable combination of failures’’ means ‘‘foreseeable,’’ or those, failure conditions anticipated to occur one or more times during the operational life of each airplane. Issued in Kansas City, Missouri, on February 16, 2018. Pat Mullen, Manager, Small Airplane Standards Branch, Aircraft Certification Service. [FR Doc. 2018–04417 Filed 3–2–18; 8:45 am] Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Textron Aviation (formerly Beechcraft); model C90A King Air airplanes modified by Nextant Aerospace. BILLING CODE 4910–13–P 1. Installation of Electronic Engine Control System [Docket No. FAA–2017–0900; Product Identifier 2017–NM–055–AD; Amendment 39–19208; AD 2018–04–12] a. For electronic engine control (EEC) system installations, it must be established that no single failure or malfunction or probable combinations of failures of EEC system components will have an effect on the system, as installed in the airplane, that causes the Loss of Thrust Control (LOTC) probability of the system to exceed those allowed in part 33 certification. b. Supervisory electronic engine control system installations must be evaluated for environmental and atmospheric conditions, including lightning. The EEC system lightning and High Intensity Radiated Fields (HIRF) effects that would result in LOTC or an unacceptable change in power or thrust must be evaluated in accordance with §§ 23.1306 and 23.1308. c. The components of the installation must be constructed, arranged, and installed to ensure their continued safe operation between normal inspections or overhauls. d. Functions incorporated into any electronic engine control that make it part of any equipment, systems or installation whose functions are beyond that of basic engine control and which may also introduce system failures and malfunctions, are not exempt from § 23.1309 and must be shown to meet part 23 levels of safety as derived from § 23.1309. Part 33 certification data, if applicable, may be used to show compliance with any part 23 requirements. If part 33 data is used to substantiate compliance with part 23 requirements, then the part 23 applicant must be able to provide this data for their showing of compliance. Note: The term ‘‘probable’’ in the context of ‘‘probable combination of failures’’ does not have the same meaning as used for a PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 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 all The Boeing Company Model 737–100, –200, –200C, –300, –400, –500 series airplanes. This AD was prompted by a report of wire damage on a fuel boost pump power cable, and a separate report of a fuel tank explosion on a similarly equipped airplane. This AD requires the installation of new shielded wire bundles and convoluted liners within fuel tank conduits, and revision of the maintenance or inspection program, as applicable, to incorporate certain airworthiness limitations (AWLs). We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective April 9, 2018. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 9, 2018. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https://www.myboeingfleet.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this SUMMARY: E:\FR\FM\05MRR1.SGM 05MRR1 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations material at the FAA, call 206–231–3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2017– 0900. Examining the AD Docket You may examine the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0900; 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 final rule, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Docket 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: Serj Harutunian, Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5254; fax: 562–627– 5210; email: serj.harutunian@faa.gov. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with RULES Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 737–100, –200, –200C, –300, –400, –500 series airplanes. The NPRM published in the Federal Register on September 26, 2017 (82 FR 44744). The NPRM was prompted by a report of wire damage on a fuel boost pump power cable, and a separate report of a fuel tank explosion on a similarly equipped airplane. The NPRM proposed to require the installation of new shielded wire bundles and convoluted liners within fuel tank conduits, and revision of the maintenance or inspection program, as applicable, to incorporate certain AWLs. We are issuing this AD to prevent electrical arcing between the fuel boost pump power cable wiring and the surrounding conduit, which could lead to arc-through of the conduit, consequent fire or explosion of the fuel tank, and subsequent loss of the airplane. This AD is further rulemaking following the interim action of AD 2007–24–02, Amendment 39–15268 (72 FR 65446, November 21, 2007) (‘‘AD 2007–24–02’’), which applies to all Boeing Model 737–100, –200, –200C, –300, –400, –500 series airplanes. AD VerDate Sep<11>2014 15:56 Mar 02, 2018 Jkt 244001 2007–24–02 was prompted by reports of a fuel tank explosion on a Boeing Model 727–200F airplane and chafed wires and a damaged wiring sleeve on a fuel boost pump power cable in a Boeing Model 737–300 airplane. AD 2007–24–02 requires repetitive detailed inspections for damage of the electrical wire and sleeve that run to the fuel boost pump through a conduit in the fuel tank, to address potential electrical arcing between the wiring and the surrounding conduit that could result in arc-through of the conduit, consequent fire or explosion of the fuel tank, and subsequent loss of the airplane. The preamble to AD 2007–24–02 explains that its requirements are considered ‘‘interim action’’ and that we might consider further rulemaking. We now have determined that further rulemaking is necessary, and this AD follows from that determination. Comments We gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA’s response to each comment. Support for the NPRM The Air Line Pilots Association, International (ALPA) and The Boeing Company concurred with the proposed AD. Request To Not Require Replacement or To Extend Compliance Time The commenter, Hannes Merrick, requested that the FAA consider not requiring wire bundle replacement if faults are not found during inspection of the affected wire bundles, or at a minimum to extend the compliance time to allow for more time to accomplish the replacement required by the proposed AD. We infer that the commenter would regard the existing repetitive inspections as adequate for maintaining an acceptable level of safety with the current wire bundle configuration. The commenter did not provide substantiating data for extending the compliance time. We do not agree with the commenter’s requests. Our experience has shown that these specific wiring design changes are more effective than repetitive inspections in preventing unsafe conditions. The design change required by this AD adds an extra protective layer that is necessary to prevent wire chafing in specific areas of the airplane that are identified in Boeing Alert Service Bulletin 737–28A1273, Revision 1, dated March 14, 2017. We have also determined that the compliance time specified in this AD is appropriate to PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 9179 address the unsafe condition described in this AD. However, under the provisions of paragraph (l) of this AD, we will consider requests for approval of an extension of the compliance time if sufficient data are submitted to substantiate that the change would provide an acceptable level of safety. We have not changed this AD in this regard. Effects of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that the installation of winglets per supplemental type certificate (STC) ST01219SE does not affect the accomplishment of the manufacturer’s service instructions. We agree with the commenter that STC ST01219SE does not affect the accomplishment of the manufacturer’s service instructions. Therefore, the installation of STC ST01219SE does not affect the ability to accomplish the actions required by this AD. We have not changed this AD in this regard. New Service Information In paragraph (h) of the proposed AD we referred to Boeing 737–100/200/ 200C/300/400/500 Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D6– 38278–CMR, dated May 2016, as an appropriate source of service information for incorporating certain airworthiness limitations. After the NPRM was issued, we reviewed Boeing 737–100/200/200C/300/400/500 Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D6–38278–CMR, dated November 2017, which also contains the airworthiness limitations cited in this AD. The November 2017 document includes a change to airworthiness limitation 28–AWL–29, which is not one of the airworthiness limitations cited in this AD. We have revised paragraph (h) of this AD to also refer to Boeing 737–100/200/200C/300/400/500 Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D6–38278–CMR, dated November 2017, as an appropriate source of service information for incorporating the airworthiness limitations cited in this AD. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the change described previously and minor editorial changes. We have determined that these minor changes: E:\FR\FM\05MRR1.SGM 05MRR1 9180 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 We reviewed the following service information. • Boeing Alert Service Bulletin 737– 28A1273, Revision 1, dated March 14, 2017. This service information describes procedures for the installation of new shielded wire bundles and convoluted liners within fuel tank conduits. • Boeing 737–100/200/200C/300/400/ 500 Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D6–38278–CMR, dated May 2016 and November 2017. This service information describes new AWLs for inspecting the fuel tank wiring and conduits. These documents are distinct since the November 2017 document includes a change to airworthiness limitation 28–AWL–29 (which is not required by this AD). This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD affects 499 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Action Labor cost Installation ....................................................... Incorporation of Airworthiness Limitations ...... 154 work-hours × $85 per hour = $13,090 .... 1 work-hour × $85 per hour = $85 ................. Authority for This Rulemaking sradovich on DSK3GMQ082PROD with RULES 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. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. Parts cost 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 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 2018–04–12 The Boeing Company: Amendment 39–19208; Docket No. FAA–2017–0900; Product Identifier 2017–NM–055–AD. VerDate Sep<11>2014 15:56 Mar 02, 2018 Jkt 244001 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 $5,561 0 Cost per product $18,651 85 Cost on U.S. operators $9,306,849 42,415 (a) Effective Date This AD is effective April 9, 2018. (b) Affected ADs This AD affects AD 2007–24–02, Amendment 39–15268 (72 FR 65446, November 21, 2007) (‘‘AD 2007–24–02’’). (c) Applicability This AD applies to all The Boeing Company Model 737–100, –200, –200C, –300, –400, –500 series airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 28, Fuel. (e) Unsafe Condition This AD was prompted by reports of chafed wires and a damaged wiring sleeve on a fuel boost pump power cable, and an onground fuel tank explosion. We are issuing this AD to prevent electrical arcing between the fuel boost pump power cable wiring and the surrounding conduit, which could lead to arc-through of the conduit, consequent fire or explosion of the fuel tank, and subsequent loss of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) For Group 1 and Group 2 airplanes identified in Boeing Alert Service Bulletin 737–28A1273, Revision 1, dated March 14, 2017: Except as required by paragraph (j) of this AD, at the applicable times specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 737–28A1273, Revision 1, dated March 14, 2017, do all applicable actions identified as required for compliance (‘‘RC’’) in, and in accordance with, the Accomplishment Instructions of Boeing Alert Service Bulletin 737–28A1273, Revision 1, dated March 14, 2017. (2) For airplanes identified as Group 3 in Boeing Alert Service Bulletin 737–28A1273, E:\FR\FM\05MRR1.SGM 05MRR1 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations Revision 1, dated March 14, 2017: Within 120 days after the effective date of this AD, inspect the airplane and do all applicable corrective actions using a method approved in accordance with the procedures specified in paragraph (l) of this AD. (h) Revision of Maintenance or Inspection Program Within 60 days after the effective date of this AD: Revise the maintenance or inspection program, as applicable, to incorporate the applicable Airworthiness Limitations (AWLs) from Boeing 737–100/ 200/200C/300/400/500 Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D6– 38278–CMR, dated May 2016 or November 2017, as identified in paragraphs (h)(1) and (h)(2) of this AD. (1) 28–AWL–18 and 28–AWL–26, ‘‘Fuel Boost Pump Wires In Conduit Installation— In Fuel Tank,’’ for Boeing Model 737–100, –200, –200C series airplanes. (2) 28–AWL–18 and 28–AWL–25, ‘‘Fuel Boost Pump Wires In Conduit Installation— In Fuel Tank,’’ for Boeing Model 737–300, –400, –500 series airplanes. (i) No Alternative Critical Design Configuration Control Limitations (CDCCLs) After the maintenance or inspection program, as applicable, has been revised as required by paragraph (h) of this AD, no alternative CDCCLs may be used unless the CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (l) of this AD. (j) Exceptions to Service Information Specifications For purposes of determining compliance with the requirements of this AD: Where Boeing Alert Service Bulletin 737–28A1273, Revision 1, dated March 14, 2017, uses the phrase ‘‘the original issue date of this service bulletin,’’ this AD requires using ‘‘after the effective date of this AD.’’ sradovich on DSK3GMQ082PROD with RULES (k) Terminating Action for Requirements of AD 2007–24–02 Accomplishment of the actions required by paragraph (g) of this AD terminates all requirements of AD 2007–24–02. (l) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles ACO Branch, 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 certification office, send it to the attention of the person identified in paragraph (m) of this AD. Information may be emailed to: 9-ANMLAACO-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, VerDate Sep<11>2014 15:56 Mar 02, 2018 Jkt 244001 modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO Branch, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (l)(4)(i) and (l)(4)(ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. (m) Related Information For more information about this AD, contact Serj Harutunian, Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627– 5254; fax: 562–627–5210; email: serj.harutunian@faa.gov. (n) 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 Alert Service Bulletin 737– 28A1273, Revision 1, dated March 14, 2017. (ii) Boeing 737–100/200/200C/300/400/500 Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D6–38278–CMR, dated May 2016. (iii) Boeing 737–100/200/200C/300/400/ 500 Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D6–38278–CMR, dated November 2017. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https:// www.myboeingfleet.com. (4) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 9181 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 February 15, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018–03824 Filed 3–2–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2014–0839; Airspace Docket No. 14–AEA–7] Amendment of Class E Airspace; Selinsgrove, PA Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends Class E airspace extending upward from 700 feet above the surface in Selinsgrove, PA. A new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedure has been developed at Penn Valley Airport, requiring airspace reconfiguration at the airport. This action enhances the safety and airspace management of instrument flight rules (IFR) operations at the airport. This action also updates the geographic coordinates of the airport. DATES: Effective 0901 UTC, May 24, 2018. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/ air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11B at NARA, call (202) 741–6030, or go to https:// SUMMARY: E:\FR\FM\05MRR1.SGM 05MRR1

Agencies

[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Rules and Regulations]
[Pages 9178-9181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03824]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0900; Product Identifier 2017-NM-055-AD; Amendment 
39-19208; AD 2018-04-12]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 737-100, -200, -200C, -300, -400, -500 series 
airplanes. This AD was prompted by a report of wire damage on a fuel 
boost pump power cable, and a separate report of a fuel tank explosion 
on a similarly equipped airplane. This AD requires the installation of 
new shielded wire bundles and convoluted liners within fuel tank 
conduits, and revision of the maintenance or inspection program, as 
applicable, to incorporate certain airworthiness limitations (AWLs). We 
are issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective April 9, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 9, 
2018.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this

[[Page 9179]]

material at the FAA, call 206-231-3195. It is also available on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2017-0900.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0900; 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 final rule, the regulatory evaluation, any comments 
received, and other information. The address for the Docket Office 
(phone: 800-647-5527) is Docket 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: Serj Harutunian, Aerospace Engineer, 
Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5254; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model 737-100, -200, -200C, -300, -400, -500 series airplanes. The NPRM 
published in the Federal Register on September 26, 2017 (82 FR 44744). 
The NPRM was prompted by a report of wire damage on a fuel boost pump 
power cable, and a separate report of a fuel tank explosion on a 
similarly equipped airplane. The NPRM proposed to require the 
installation of new shielded wire bundles and convoluted liners within 
fuel tank conduits, and revision of the maintenance or inspection 
program, as applicable, to incorporate certain AWLs.
    We are issuing this AD to prevent electrical arcing between the 
fuel boost pump power cable wiring and the surrounding conduit, which 
could lead to arc-through of the conduit, consequent fire or explosion 
of the fuel tank, and subsequent loss of the airplane.
    This AD is further rulemaking following the interim action of AD 
2007-24-02, Amendment 39-15268 (72 FR 65446, November 21, 2007) (``AD 
2007-24-02''), which applies to all Boeing Model 737-100, -200, -200C, 
-300, -400, -500 series airplanes. AD 2007-24-02 was prompted by 
reports of a fuel tank explosion on a Boeing Model 727-200F airplane 
and chafed wires and a damaged wiring sleeve on a fuel boost pump power 
cable in a Boeing Model 737-300 airplane. AD 2007-24-02 requires 
repetitive detailed inspections for damage of the electrical wire and 
sleeve that run to the fuel boost pump through a conduit in the fuel 
tank, to address potential electrical arcing between the wiring and the 
surrounding conduit that could result in arc-through of the conduit, 
consequent fire or explosion of the fuel tank, and subsequent loss of 
the airplane. The preamble to AD 2007-24-02 explains that its 
requirements are considered ``interim action'' and that we might 
consider further rulemaking. We now have determined that further 
rulemaking is necessary, and this AD follows from that determination.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) and The 
Boeing Company concurred with the proposed AD.

Request To Not Require Replacement or To Extend Compliance Time

    The commenter, Hannes Merrick, requested that the FAA consider not 
requiring wire bundle replacement if faults are not found during 
inspection of the affected wire bundles, or at a minimum to extend the 
compliance time to allow for more time to accomplish the replacement 
required by the proposed AD. We infer that the commenter would regard 
the existing repetitive inspections as adequate for maintaining an 
acceptable level of safety with the current wire bundle configuration. 
The commenter did not provide substantiating data for extending the 
compliance time.
    We do not agree with the commenter's requests. Our experience has 
shown that these specific wiring design changes are more effective than 
repetitive inspections in preventing unsafe conditions. The design 
change required by this AD adds an extra protective layer that is 
necessary to prevent wire chafing in specific areas of the airplane 
that are identified in Boeing Alert Service Bulletin 737-28A1273, 
Revision 1, dated March 14, 2017. We have also determined that the 
compliance time specified in this AD is appropriate to address the 
unsafe condition described in this AD. However, under the provisions of 
paragraph (l) of this AD, we will consider requests for approval of an 
extension of the compliance time if sufficient data are submitted to 
substantiate that the change would provide an acceptable level of 
safety. We have not changed this AD in this regard.

Effects of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per supplemental type certificate (STC) ST01219SE does not affect the 
accomplishment of the manufacturer's service instructions.
    We agree with the commenter that STC ST01219SE does not affect the 
accomplishment of the manufacturer's service instructions. Therefore, 
the installation of STC ST01219SE does not affect the ability to 
accomplish the actions required by this AD. We have not changed this AD 
in this regard.

New Service Information

    In paragraph (h) of the proposed AD we referred to Boeing 737-100/
200/200C/300/400/500 Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs), D6-38278-CMR, dated May 2016, as an 
appropriate source of service information for incorporating certain 
airworthiness limitations. After the NPRM was issued, we reviewed 
Boeing 737-100/200/200C/300/400/500 Airworthiness Limitations (AWLs) 
and Certification Maintenance Requirements (CMRs), D6-38278-CMR, dated 
November 2017, which also contains the airworthiness limitations cited 
in this AD. The November 2017 document includes a change to 
airworthiness limitation 28-AWL-29, which is not one of the 
airworthiness limitations cited in this AD. We have revised paragraph 
(h) of this AD to also refer to Boeing 737-100/200/200C/300/400/500 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D6-38278-CMR, dated November 2017, as an 
appropriate source of service information for incorporating the 
airworthiness limitations cited in this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the change described previously and minor 
editorial changes. We have determined that these minor changes:

[[Page 9180]]

     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information.
     Boeing Alert Service Bulletin 737-28A1273, Revision 1, 
dated March 14, 2017. This service information describes procedures for 
the installation of new shielded wire bundles and convoluted liners 
within fuel tank conduits.
     Boeing 737-100/200/200C/300/400/500 Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements (CMRs), 
D6-38278-CMR, dated May 2016 and November 2017. This service 
information describes new AWLs for inspecting the fuel tank wiring and 
conduits. These documents are distinct since the November 2017 document 
includes a change to airworthiness limitation 28-AWL-29 (which is not 
required by this AD).
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 499 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
----------------------------------------------------------------------------------------------------------------
Installation..........................  154 work-hours x $85 per          $5,561         $18,651      $9,306,849
                                         hour = $13,090.
Incorporation of Airworthiness          1 work-hour x $85 per                  0              85          42,415
 Limitations.                            hour = $85.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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):

2018-04-12 The Boeing Company: Amendment 39-19208; Docket No. FAA-
2017-0900; Product Identifier 2017-NM-055-AD.

(a) Effective Date

    This AD is effective April 9, 2018.

(b) Affected ADs

    This AD affects AD 2007-24-02, Amendment 39-15268 (72 FR 65446, 
November 21, 2007) (``AD 2007-24-02'').

(c) Applicability

    This AD applies to all The Boeing Company Model 737-100, -200, -
200C, -300, -400, -500 series airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of chafed wires and a damaged 
wiring sleeve on a fuel boost pump power cable, and an on-ground 
fuel tank explosion. We are issuing this AD to prevent electrical 
arcing between the fuel boost pump power cable wiring and the 
surrounding conduit, which could lead to arc-through of the conduit, 
consequent fire or explosion of the fuel tank, and subsequent loss 
of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) For Group 1 and Group 2 airplanes identified in Boeing Alert 
Service Bulletin 737-28A1273, Revision 1, dated March 14, 2017: 
Except as required by paragraph (j) of this AD, at the applicable 
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 737-28A1273, Revision 1, dated March 14, 2017, do 
all applicable actions identified as required for compliance 
(``RC'') in, and in accordance with, the Accomplishment Instructions 
of Boeing Alert Service Bulletin 737-28A1273, Revision 1, dated 
March 14, 2017.
    (2) For airplanes identified as Group 3 in Boeing Alert Service 
Bulletin 737-28A1273,

[[Page 9181]]

Revision 1, dated March 14, 2017: Within 120 days after the 
effective date of this AD, inspect the airplane and do all 
applicable corrective actions using a method approved in accordance 
with the procedures specified in paragraph (l) of this AD.

(h) Revision of Maintenance or Inspection Program

    Within 60 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate the 
applicable Airworthiness Limitations (AWLs) from Boeing 737-100/200/
200C/300/400/500 Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs), D6-38278-CMR, dated May 2016 or 
November 2017, as identified in paragraphs (h)(1) and (h)(2) of this 
AD.
    (1) 28-AWL-18 and 28-AWL-26, ``Fuel Boost Pump Wires In Conduit 
Installation--In Fuel Tank,'' for Boeing Model 737-100, -200, -200C 
series airplanes.
    (2) 28-AWL-18 and 28-AWL-25, ``Fuel Boost Pump Wires In Conduit 
Installation--In Fuel Tank,'' for Boeing Model 737-300, -400, -500 
series airplanes.

(i) No Alternative Critical Design Configuration Control Limitations 
(CDCCLs)

    After the maintenance or inspection program, as applicable, has 
been revised as required by paragraph (h) of this AD, no alternative 
CDCCLs may be used unless the CDCCLs are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (l) of this AD.

(j) Exceptions to Service Information Specifications

    For purposes of determining compliance with the requirements of 
this AD: Where Boeing Alert Service Bulletin 737-28A1273, Revision 
1, dated March 14, 2017, uses the phrase ``the original issue date 
of this service bulletin,'' this AD requires using ``after the 
effective date of this AD.''

(k) Terminating Action for Requirements of AD 2007-24-02

    Accomplishment of the actions required by paragraph (g) of this 
AD terminates all requirements of AD 2007-24-02.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, 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 certification office, send it to the attention of 
the person identified in paragraph (m) of this AD. Information may 
be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Los Angeles ACO Branch, to make those findings. To be 
approved, the repair method, modification deviation, or alteration 
deviation must meet the certification basis of the airplane, and the 
approval must specifically refer to this AD.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(l)(4)(i) and (l)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(m) Related Information

    For more information about this AD, contact Serj Harutunian, 
Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5254; fax: 562-627-5210; email: [email protected].

(n) 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 Alert Service Bulletin 737-28A1273, Revision 1, dated 
March 14, 2017.
    (ii) Boeing 737-100/200/200C/300/400/500 Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs), D6-38278-CMR, dated May 2016.
    (iii) Boeing 737-100/200/200C/300/400/500 Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs), D6-38278-CMR, dated November 2017.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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 February 15, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-03824 Filed 3-2-18; 8:45 am]
 BILLING CODE 4910-13-P