Airworthiness Directives; The Boeing Company Airplanes, 29815-29818 [2019-13049]
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Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Proposed Rules
special nuclear material waste as
defined in regulations or orders of the
Commission;
G. The regulation of the disposal of
such other byproduct, source, or special
nuclear material as the Commission
determines by regulation or order
should, because of the hazards or
potential hazards thereof, not be so
disposed without a license from the
Commission; and
H. The regulation of activities not
exempt from Commission regulation as
stated in 10 CFR part 150.
ARTICLE III
With the exception of those activities
identified in Article II, paragraphs D.
through H., this Agreement may be
amended, upon application by the State
and approval by the Commission to
include one or more of the additional
activities specified in Article II,
paragraphs A. through C., whereby the
State may then exert regulatory
authority and responsibility with
respect to those activities.
ARTICLE IV
Notwithstanding this Agreement, the
Commission may from time to time by
rule, regulation, or order, require that
the manufacturer, processor, or
producer of any equipment, device,
commodity, or other product containing
source, byproduct, or special nuclear
material shall not transfer possession or
control of such product except pursuant
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ARTICLE V
This Agreement shall not affect the
authority of the Commission under
Subsection 161b. or 161i. of the Act to
issue rules, regulations, or orders to
promote the common defense and
security, to protect restricted data, or to
guard against the loss or diversion of
special nuclear material.
ARTICLE VI
The Commission will cooperate with
the State and other Agreement States in
the formulation of standards and
regulatory programs of the State and the
Commission for protection against
hazards of radiation and to assure that
Commission and State programs for
protection against the hazards of
radiation will be coordinated and
compatible. The State agrees to
cooperate with the Commission and
other Agreement States in the
formulation of standards and regulatory
programs of the State and the
Commission for protection against the
hazards of radiation and to assure that
the State’s program will continue to be
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29815
compatible with the program of the
Commission for the regulation of
materials covered by this Agreement.
The State and the Commission agree
to keep each other informed of proposed
changes in their respective rules and
regulations and to provide each other
the opportunity for early and
substantive contribution to the proposed
changes.
The State and the Commission agree
to keep each other informed of events,
accidents, and licensee performance
that may have generic implication or
otherwise be of regulatory interest.
ARTICLE IX
This Agreement shall become
effective on [date], and shall remain in
effect unless and until such time as it is
terminated pursuant to Article VIII.
Done at [location] this [date] day of
[month], 2019.
For the Nuclear Regulatory
Commission.
lllllllllllllllllll
Kristine L. Svinicki, Chairman
Done at [location] this [date] day of
[month], 2019.
For the State of Vermont.
lllllllllllllllllll
Philip B. Scott, Governor
ARTICLE VII
[FR Doc. 2019–13403 Filed 6–24–19; 8:45 am]
The Commission and the State agree
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recognition of licenses for the materials
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party or by any other Agreement State.
Accordingly, the Commission and the
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regulations, and procedures by which
reciprocity will be accorded.
BILLING CODE 7590–01–P
ARTICLE VIII
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0440; Product
Identifier 2019–NM–032–AD]
RIN 2120–AA64
The Commission, upon its own
initiative after reasonable notice and
opportunity for hearing to the State or
upon request of the Governor of
Vermont, may terminate or suspend all
or part of this Agreement and reassert
the licensing and regulatory authority
vested in it under the Act, if the
Commission finds that (1) such
termination or suspension is required to
protect the public health and safety, or
(2) the State has not complied with one
or more of the requirements of Section
274 of the Act.
Pursuant to Section 274j. of the Act,
the Commission may, after notifying the
Governor, temporarily suspend all or
part of this Agreement without notice or
hearing if, in the judgment of the
Commission, an emergency situation
exists with respect to any material
covered by this agreement creating
danger which requires immediate action
to protect the health or safety of persons
either within or outside of the State and
the State has failed to take steps
necessary to contain or eliminate the
cause of danger within a reasonable
time after the situation arose. The
Commission shall periodically review
actions taken by the State under this
Agreement to ensure compliance with
Section 274 of the Act, which requires
a State program to be adequate to
protect the public health and safety with
respect to the materials covered by this
Agreement and to be compatible with
the Commission’s program.
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DEPARTMENT OF TRANSPORTATION
Sfmt 4702
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
The Boeing Company Model 737–300,
–400, and –500 series airplanes. This
proposed AD was prompted by fuel
system reviews conducted by the
manufacturer. This proposed AD would
require applying sealant to the fasteners
in the fuel tanks, replacing wire bundle
clamps external to the fuel tanks and
installing Teflon sleeving under the
clamps. The FAA is proposing this AD
to address the unsafe condition on these
products.
DATES: The FAA must receive comments
on this proposed AD by August 9, 2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
SUMMARY:
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Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Proposed Rules
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, 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
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0440.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0440; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Jeff
Rothman, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3558; email: jeffrey.rothman@
faa.gov.
SUPPLEMENTARY INFORMATION:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–0440; Product
Identifier 2019–NM–032–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM because of
those comments.
The FAA will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact we receive about this NPRM.
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Discussion
The FAA has examined the
underlying safety issues involved in fuel
tank explosions on several large
transport airplanes, including the
adequacy of existing regulations, the
service history of airplanes subject to
those regulations, and existing
maintenance practices for fuel tank
systems. As a result of those findings,
the FAA issued a final rule titled
‘‘Transport Airplane Fuel Tank System
Design Review, Flammability
Reduction, and Maintenance and
Inspection Requirements’’ (66 FR 23086,
May 7, 2001). In addition to new
airworthiness standards for transport
airplanes and new maintenance
requirements that rule included
Amendment 21–78, which established
Special Federal Aviation Regulation No.
88 (‘‘SFAR 88’’) to 14 CFR part 21.
Subsequently, SFAR 88 was amended
by: Amendment 21–82 (67 FR 57490,
September 10, 2002; corrected at 67 FR
70809, November 26, 2002),
Amendment 21–83 (67 FR 72830,
December 9, 2002; corrected at 68 FR
37735, June 25, 2003, to change ‘‘21–82’’
to ‘‘21–83’’), and Amendment 21–101
(83 FR 9162, March 5, 2018).
Among other actions, SFAR 88
requires certain type design (i.e., type
certificate (TC) and supplemental type
certificate (STC)) holders to substantiate
that their fuel tank systems can prevent
ignition sources in the fuel tanks. This
requirement applies to type design
holders for large turbine-powered
transport airplanes and for subsequent
modifications to those airplanes. It
requires them to perform design reviews
and to develop design changes and
maintenance procedures if their designs
do not meet the new fuel tank safety
standards. As explained in the preamble
to the rule, we intended to adopt
airworthiness directives to mandate any
changes found necessary to address
unsafe conditions identified as a result
of these reviews.
In evaluating these design reviews,
the FAA established four criteria
intended to define the unsafe conditions
associated with fuel tank systems that
require corrective actions. The
percentage of operating time during
which fuel tanks are exposed to
flammable conditions is one of these
criteria. The other three criteria address
the failure types under evaluation:
single failures, combination of failures,
and unacceptable (failure) experience.
For all three failure criteria, the
evaluations included consideration of
previous actions taken that may mitigate
the need for further action.
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This proposed AD was prompted by
fuel system reviews conducted by the
manufacturer. Boeing has found that
some fuel tank fasteners can be an
ignition source if a fault current or hot
short occurs. A detailed analysis of the
fault current threats was done to find
the configuration necessary to safely
conduct the fault current threats
without causing sparks in the fuel tanks.
Application of sealant on the fasteners
in the fuel tanks at the wing rear spars,
front spars and upper wing rib shear ties
decreases the risk of ignition sources at
those fuel tank fastener locations. In
addition, external to the fuel tanks at
locations along the wing rear spars,
front spars, the forward cargo
compartment station 540 bulkhead and
the main wheel well station 663
bulkhead, installation of cushion
clamps over Teflon sleeves on wire
bundles decreases metal-to-metal
contact between the clamps and their
support brackets and will help prevent
hot shorts. The FAA is proposing this
AD to address potential ignition sources
inside the fuel tank, which, in
combination with flammable vapors,
could result in a fuel tank fire or
explosion, and consequent loss of the
airplane.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Service Bulletin 737–57A1321, dated
February 8, 2019. This service
information describes procedures for
applying sealant to the fasteners in the
fuel tanks at the wing rear spars, front
spars, and upper wing rib shear ties.
This service information also describes
procedures for replacing wire bundle
clamps external to the fuel tanks and
installing Teflon sleeving under the
clamps at locations along the wing rear
spars, front spars, forward cargo
compartment station 540 bulkhead, and
main wheel well station 663 bulkhead.
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.
FAA’s Determination
The FAA is proposing this AD
because we evaluated all the relevant
information and determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
the service information described
previously. For information on the
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Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Proposed Rules
procedures and compliance times, see
this service information at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0440.
Costs of Compliance
The FAA estimates that this proposed
AD affects 268 airplanes of U.S. registry.
29817
We estimate the following costs to
comply with this proposed AD:
ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per product
Apply sealant, replace clamps, install
Teflon sleeving.
Up to 516 work-hours × $85 per
hour = $43,860.
Up to $200 .........
Up to $44,060 ....
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.
The FAA is 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 proposed 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 and associated
appliances to the Director of the System
Oversight Division.
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Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would 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 this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
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20:41 Jun 24, 2019
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(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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):
■
The Boeing Company: Docket No. FAA–
2019–0440; Product Identifier 2019–
NM–032–AD.
(a) Comments Due Date
We must receive comments by August 9,
2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model 737–300, –400, and –500
series airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by fuel system
reviews conducted by the manufacturer. The
FAA is issuing this AD to address potential
ignition sources inside the fuel tank, which,
in combination with flammable vapors, could
result in a fuel tank fire or explosion, and
consequent loss of the airplane.
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Sfmt 4702
Cost on U.S. operators
Up to $11,808,080.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Apply Sealant, Replace Clamps, and
Install Teflon Sleeving
Except as specified in paragraph (h) of this
AD: At the applicable times specified in
paragraph 1.E., ‘‘Compliance,’’ of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–57A1321, dated
February 8, 2019, do all applicable actions
identified as ‘‘RC’’ (required for compliance)
in, and in accordance with, the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–57A1321, dated
February 8, 2019.
(h) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Service Bulletin 737–
57A1321, dated February 8, 2019, uses the
phrase ‘‘the original issue date of this service
bulletin,’’ this AD requires using ‘‘the
effective date of this AD.’’
(2) Where Boeing Alert Service Bulletin
737–57A1321, dated February 8, 2019,
specifies contacting Boeing: This AD requires
doing actions using a method approved in
accordance with the procedures specified in
paragraph (i) of this AD.
(i) 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 (j)(2) of
this AD. Information may be emailed to:
9-ANM-LAACO-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,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, FAA, to
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Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Proposed Rules
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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) Except as specified by paragraph (h)(2)
of this AD: For service information that
contains steps that are labeled as Required
for Compliance (RC), the provisions of
paragraphs (i)(4)(i) and (i)(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.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0480; Product
Identifier 2019–NM–041–AD]
RIN 2120–AA64
Examining the AD Docket
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2013–07–09, which applies to certain
The Boeing Company Model 737–700,
–700C, –800, and –900ER series
airplanes, Model 747–400F series
airplanes, and Model 767–200 and –300
series airplanes. AD 2013–07–09
requires a general visual inspection for
affected serial numbers of the crew
oxygen mask stowage box units, and
(j) Related Information
replacement or re-identification as
necessary. Since the FAA issued AD
(1) For more information about this AD,
2013–07–09, the agency has determined
contact Jeff Rothman, Aerospace Engineer,
that the affected parts may be installed
Propulsion Section, FAA, Seattle ACO
on airplanes outside the original
Branch, 2200 South 216th St., Des Moines,
applicability of AD 2013–07–09. This
WA 98198; phone and fax: 206–231–3558;
proposed AD would retain the
email: jeffrey.rothman@faa.gov.
requirements of AD 2013–07–09 and
(2) For information about AMOCs, contact
expand the applicability to include
Serj Harutunian, Aerospace Engineer,
those other airplanes. The FAA is
Propulsion Section, FAA, Los Angeles ACO
proposing this AD to address the unsafe
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627– condition on these products.
5254; fax: 562–627–5210; email:
DATES: The FAA must receive comments
serj.harutunian@faa.gov.
on this proposed AD by August 9, 2019.
(3) For service information identified in
ADDRESSES: You may send comments,
this AD, contact Boeing Commercial
using the procedures found in 14 CFR
Airplanes, Attention: Contractual & Data
11.43 and 11.45, by any of the following
Services (C&DS), 2600 Westminster Blvd.,
methods:
MC 110–SK57, Seal Beach, CA 90740–5600;
• Federal eRulemaking Portal: Go to
telephone 562–797–1717; internet https://
https://www.regulations.gov. Follow the
www.myboeingfleet.com. You may view this
instructions for submitting comments.
service information at the FAA, Transport
• Fax: 202–493–2251.
Standards Branch, 2200 South 216th St., Des
• Mail: U.S. Department of
Moines, WA. For information on the
Transportation, Docket Operations, M–
availability of this material at the FAA, call
30, West Building Ground Floor, Room
206–231–3195.
W12–140, 1200 New Jersey Avenue SE,
Issued in Des Moines, Washington, on June Washington, DC 20590.
10, 2019.
• Hand Delivery: Deliver to Mail
Michael Kaszycki,
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Acting Director, System Oversight Division,
Federal holidays.
Aircraft Certification Service.
For service information identified in
[FR Doc. 2019–13049 Filed 6–24–19; 8:45 am]
this
NPRM, contact Boeing Commercial
BILLING CODE 4910–13–P
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,
VerDate Sep<11>2014
20:41 Jun 24, 2019
Jkt 247001
SUMMARY:
PO 00000
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Fmt 4702
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.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0480.
Sfmt 4702
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0480; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: For
more information about this AD, contact
Susan L. Monroe, Aerospace Engineer,
Cabin Safety and Environmental
Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3570; email: susan.l.monroe@
faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–0480; Product
Identifier 2019–NM–041–AD’’ at the
beginning of your comments. The
agency specifically invites comments on
the overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The agency will consider all
comments received by the closing date
and may amend this NPRM because of
those comments.
The FAA will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this proposed
AD.
Discussion
The FAA issued AD 2013–07–09,
Amendment 39–17413 (78 FR 22178,
April 15, 2013) (‘‘AD 2013–07–09’’), for
certain The Boeing Company Model
737–700, –700C, –800, and –900ER
series airplanes, Model 747–400F series
airplanes, and Model 767–200 and –300
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Agencies
[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Proposed Rules]
[Pages 29815-29818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13049]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0440; Product Identifier 2019-NM-032-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all The Boeing Company Model 737-300, -400, and -500 series
airplanes. This proposed AD was prompted by fuel system reviews
conducted by the manufacturer. This proposed AD would require applying
sealant to the fasteners in the fuel tanks, replacing wire bundle
clamps external to the fuel tanks and installing Teflon sleeving under
the clamps. The FAA is proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this proposed AD by August 9,
2019.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5
[[Page 29816]]
p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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 material at the FAA, call 206-231-3195. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0440.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0440; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Jeff Rothman, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3558; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0440;
Product Identifier 2019-NM-032-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments we receive, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact we receive about this NPRM.
Discussion
The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, the FAA issued a
final rule titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction, and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements that rule
included Amendment 21-78, which established Special Federal Aviation
Regulation No. 88 (``SFAR 88'') to 14 CFR part 21. Subsequently, SFAR
88 was amended by: Amendment 21-82 (67 FR 57490, September 10, 2002;
corrected at 67 FR 70809, November 26, 2002), Amendment 21-83 (67 FR
72830, December 9, 2002; corrected at 68 FR 37735, June 25, 2003, to
change ``21-82'' to ``21-83''), and Amendment 21-101 (83 FR 9162, March
5, 2018).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, the FAA established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, combination of
failures, and unacceptable (failure) experience. For all three failure
criteria, the evaluations included consideration of previous actions
taken that may mitigate the need for further action.
This proposed AD was prompted by fuel system reviews conducted by
the manufacturer. Boeing has found that some fuel tank fasteners can be
an ignition source if a fault current or hot short occurs. A detailed
analysis of the fault current threats was done to find the
configuration necessary to safely conduct the fault current threats
without causing sparks in the fuel tanks. Application of sealant on the
fasteners in the fuel tanks at the wing rear spars, front spars and
upper wing rib shear ties decreases the risk of ignition sources at
those fuel tank fastener locations. In addition, external to the fuel
tanks at locations along the wing rear spars, front spars, the forward
cargo compartment station 540 bulkhead and the main wheel well station
663 bulkhead, installation of cushion clamps over Teflon sleeves on
wire bundles decreases metal-to-metal contact between the clamps and
their support brackets and will help prevent hot shorts. The FAA is
proposing this AD to address potential ignition sources inside the fuel
tank, which, in combination with flammable vapors, could result in a
fuel tank fire or explosion, and consequent loss of the airplane.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin 737-57A1321, dated
February 8, 2019. This service information describes procedures for
applying sealant to the fasteners in the fuel tanks at the wing rear
spars, front spars, and upper wing rib shear ties. This service
information also describes procedures for replacing wire bundle clamps
external to the fuel tanks and installing Teflon sleeving under the
clamps at locations along the wing rear spars, front spars, forward
cargo compartment station 540 bulkhead, and main wheel well station 663
bulkhead.
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.
FAA's Determination
The FAA is proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in the service information described previously. For information on the
[[Page 29817]]
procedures and compliance times, see this service information at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0440.
Costs of Compliance
The FAA estimates that this proposed AD affects 268 airplanes of
U.S. registry. We estimate the following costs to comply with this
proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Apply sealant, replace clamps, Up to 516 Up to $200....... Up to $44,060.... Up to $11,808,080.
install Teflon sleeving. work[dash]hours x $85
per hour = $43,860.
----------------------------------------------------------------------------------------------------------------
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.
The FAA is 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 proposed 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 and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):
The Boeing Company: Docket No. FAA-2019-0440; Product Identifier
2019-NM-032-AD.
(a) Comments Due Date
We must receive comments by August 9, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 737-300, -400,
and -500 series airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by fuel system reviews conducted by the
manufacturer. The FAA is issuing this AD to address potential
ignition sources inside the fuel tank, which, in combination with
flammable vapors, could result in a fuel tank fire or explosion, and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Apply Sealant, Replace Clamps, and Install Teflon Sleeving
Except as specified in paragraph (h) of this AD: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1321, dated February 8, 2019, do all applicable actions
identified as ``RC'' (required for compliance) in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-57A1321, dated February 8, 2019.
(h) Exceptions to Service Information Specifications
(1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Service Bulletin 737-57A1321, dated
February 8, 2019, uses the phrase ``the original issue date of this
service bulletin,'' this AD requires using ``the effective date of
this AD.''
(2) Where Boeing Alert Service Bulletin 737-57A1321, dated
February 8, 2019, specifies contacting Boeing: This AD requires
doing actions using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.
(i) 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 (j)(2) 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 Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to
[[Page 29818]]
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) Except as specified by paragraph (h)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (i)(4)(i) and
(i)(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.
(j) Related Information
(1) For more information about this AD, contact Jeff Rothman,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3558; email: [email protected].
(2) For information about AMOCs, 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].
(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. 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.
Issued in Des Moines, Washington, on June 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-13049 Filed 6-24-19; 8:45 am]
BILLING CODE 4910-13-P