Airworthiness Directives; The Boeing Company Airplanes, 32343-32346 [2019-14285]
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Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Proposed Rules
(b) Affected ADs
This AD replaces AD 2017–12–07,
Amendment 39–18922 (82 FR 27416, June
15, 2017).
number 398908–4, in either the left
temperature control valve location or the
control cabin trim air modulating valve
location on any airplane.
(c) Applicability
This AD applies to all The Boeing
Company Model 737–800, -900, and -900ER
series airplanes, certificated in any category.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle 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 (k)(1) of
this AD. Information may be emailed to: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(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, Seattle ACO Branch, FAA, 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 (j)(4)(i) and (j)(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.
(d) Subject
Air Transport Association (ATA) of
America Code 21, Air conditioning.
(e) Unsafe Condition
This AD was prompted by reports of inflight failure of the left temperature control
valve and control cabin trim air modulating
valve. The FAA is issuing this AD to address
the possible occurrence of temperatures in
excess of 100 degrees Fahrenheit in the flight
deck or the passenger cabin during cruise,
which could lead to the impairment of the
flightcrew and prevent continued safe flight
and landing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Retained Valve Replacement, With
Revised Compliance Language
This paragraph restates the requirements of
paragraph (g) of AD 2017–12–07 with revised
compliance language. For airplanes
identified in Boeing Alert Service Bulletin
737–21A1203, dated June 8, 2016: Within 60
months after July 20, 2017 (the effective date
of AD 2017–12–07), replace the left
temperature control valve and control cabin
trim air modulating valve, as applicable, in
accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–21A1203, dated June 8, 2016.
(h) New Valve Identification and
Replacement
For airplanes not identified in paragraph
(g) of this AD with an original certificate of
airworthiness or an original export certificate
of airworthiness dated on or before the
effective date of this AD, do the actions
specified in paragraphs (h)(1) and (h)(2) of
this AD.
(1) Within 60 months after the effective
date of this AD, perform a general visual
inspection of the left temperature control
valve and control cabin trim air modulating
valve to determine the valve part numbers. A
review of airplane maintenance records is
acceptable in lieu of this inspection if the
part numbers of the valves can be
conclusively determined from that review.
(2) If the left temperature control valve or
control cabin trim air modulating valve has
part number 398908–4: Within 60 months
after the effective date of this AD, replace the
left temperature control valve or control
cabin trim air modulating valve in
accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–21A1203, dated June 8, 2016.
(i) Parts Installation Prohibition
As of the effective date of this AD, no
person may install a valve having part
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(k) Related Information
(1) For more information about this AD,
contact Julie Moon, Aerospace Engineer,
Cabin Safety and Environmental Systems
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3571; email:
julie.moon@faa.gov.
(2) 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
referenced service information at the FAA,
Transport Standards Branch, 2200 South
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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
24, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–14284 Filed 7–5–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0487; Product
Identifier 2019–NM–044–AD]
RIN 2120–AA64
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 737–100,
–200, –200C, –300, –400, and –500
series airplanes. This proposed AD was
prompted by a report of a fuel leak
resulting from a crack on the left in-spar
upper wing skin. This proposed AD
would require repetitive surface high
frequency eddy current (HFEC)
inspections of the left and right upper
wing skin, and repetitive general visual
inspections of the upper wing skin in
the adjacent rib bay areas for any crack,
and applicable on-condition actions.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by August 22,
2019.
DATES:
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
p.m., Monday through Friday, except
Federal holidays.
ADDRESSES:
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Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Proposed Rules
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,
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 the agency receives about this
proposed AD.
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 referenced 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–2019–0487.
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–
0487; 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:
Payman Soltani, Aerospace Engineer,
Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5313; fax: 562–627–
5210; email: payman.soltani@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–2019–0487; Product
Identifier 2019–NM–044–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
Discussion
The FAA has received an operator
report of a fuel leak resulting from a
crack on the left in-spar upper wing
skin. The crack was found at wing
buttock line 157, between stringer 4 and
stringer 5 and measured approximately
2.5 inches in length. The crack was
caused by higher local stress than
predicted, possibly attributable to fit-up
issues from the rib installation. This
condition, if not addressed, could result
in a crack in the upper wing skin
growing undetected, which could result
in the inability of the structure to carry
limit load and adversely affect the
structural integrity of the airplane.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Requirements Bulletin 737–57A1344
RB, dated February 18, 2019. The
service information describes
procedures for repetitive surface HFEC
inspections of the left and right upper
wing skin at wing buttock line 157,
between stringer 4 and stringer 5, and
repetitive general visual inspections of
the upper wing skin in the adjacent rib
bay areas for any crack, and applicable
on-condition actions. On-condition
actions include repair.
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 the agency 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
accomplishment of the actions
identified in Boeing Alert Requirements
Bulletin 737–57A1344 RB, dated
February 18, 2019, described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
For information on the procedures
and compliance times, see this service
information at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0487.
Explanation of Requirements Bulletin
The FAA worked in conjunction with
industry, under the Airworthiness
Directive Implementation Aviation
Rulemaking Committee (AD ARC), to
enhance the AD system. One
enhancement is a process for annotating
which steps in the service information
are ‘‘required for compliance’’ (RC) with
an AD. Boeing has implemented this RC
concept into Boeing service bulletins.
In an effort to further improve the
quality of ADs and AD-related Boeing
service information, a joint process
improvement initiative was worked
between the FAA and Boeing. The
initiative resulted in the development of
a new process in which the service
information more clearly identifies the
actions needed to address the unsafe
condition in the ‘‘Accomplishment
Instructions.’’ The new process results
in a Boeing Requirements Bulletin,
which contains only the actions needed
to address the unsafe condition (i.e.,
only the RC actions).
Costs of Compliance
The FAA estimates that this proposed
AD affects 160 airplanes of U.S. registry.
The agency estimates the following
costs to comply with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
HFEC Inspection and General Visual Inspection.
1 work-hour × $85 per hour = $85 per
inspection cycle.
The FAA has received no definitive
data that would enable the agency to
provide cost estimates for the on-
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$0
condition repair specified in this
proposed AD.
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Cost per
product
Parts cost
Sfmt 4702
$85 per inspection
cycle.
Cost on U.S.
operators
$13,600 per inspection cycle.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
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Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Proposed Rules
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.
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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:
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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–
2019–0487; Product Identifier 2019–
NM–044–AD.
(a) Comments Due Date
The FAA must receive comments by
August 22, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model 737–100, –200, –200C,
–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 a report of a fuel
leak resulting from a crack on the left in-spar
upper wing skin. The FAA is issuing this AD
to address cracks in the upper wing skin,
which could grow undetected. This
condition, if not addressed, could result in
the inability of the structure to carry limit
load and adversely affect the structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions for Group 1 Airplanes
For airplanes identified as Group 1 in
Boeing Alert Requirements Bulletin 737–
57A1344 RB, dated February 18, 2019:
Within 120 days after the effective date of
this AD, do a surface high frequency eddy
current (HFEC) inspection of the left and
right upper wing skin and a general visual
inspection of the upper wing skin in the
adjacent rib bay areas for any crack, and do
applicable on-condition actions, using a
method approved in accordance with the
procedures specified in paragraph (j) of this
AD.
(h) Required Actions for Groups 2 and 3
Airplanes
Except as specified by paragraph (i) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 737–57A1344 RB,
dated February 18, 2019, do all applicable
actions identified in, and in accordance with,
the Accomplishment Instructions of Boeing
Alert Requirements Bulletin 737–57A1344
RB, dated February 18, 2019.
Note 1 to paragraph (h): Guidance for
accomplishing the actions required by this
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32345
AD can be found in Boeing Alert Service
Bulletin 737–57A1344, dated February 18,
2019, which is referred to in Boeing Alert
Requirements Bulletin 737–57A1344 RB,
dated February 18, 2019.
(i) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Requirements Bulletin
737–57A1344 RB, dated February 18, 2019,
uses the phrase ‘‘the original issue date of
Requirements Bulletin 737–57A1344 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
(2) Where Boeing Alert Requirements
Bulletin 737–57A1344 RB, dated February
18, 2019, specifies contacting Boeing for
repair instructions: This AD requires doing
the repair using a method approved in
accordance with the procedures specified in
paragraph (j) of this AD.
(j) 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 (k)(1) of
this AD. Information may be emailed to: 9ANM-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
inspection, 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 make those findings. To be
approved, the inspection, repair method,
modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(k) Related Information
(1) For more information about this AD,
contact Payman Soltani, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627–
5313; fax: 562–627–5210; email:
payman.soltani@faa.gov.
(2) 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
referenced 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.
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Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Proposed Rules
Issued in Des Moines, Washington, on June
24, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–14285 Filed 7–5–19; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1112 and 1239
[Docket No. CPSC–2019–0014]
Safety Standard for Gates and
Enclosures
Consumer Product Safety
Commission.
ACTION: Proposed rule.
AGENCY:
The Consumer Product Safety
Improvement Act of 2008 (CPSIA)
requires the United States Consumer
Product Safety Commission
(Commission or CPSC) to promulgate
consumer product safety standards for
durable infant or toddler products.
Accordingly, the Commission is
proposing a safety standard for gates
and enclosures in response to the
direction under Section 104(b) of the
CPSIA. The Commission is also
amending its regulations regarding third
party conformity assessment bodies to
include the safety standard for gates and
enclosures in the list of notice of
requirements (NORs) issued by the
Commission.
SUMMARY:
Submit comments by September
23, 2019.
ADDRESSES: Comments related to the
Paperwork Reduction Act aspects of the
marking, labeling, and instructional
literature of the proposed rule should be
directed to the Office of Information and
Regulatory Affairs, OMB, Attn: CPSC
Desk Officer, FAX: 202–395–6974, or
emailed to oira_submission@
omb.eop.gov.
Other comments, identified by Docket
No. CPSC–2019–0014, may be
submitted electronically or in writing:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The CPSC does not accept comments
submitted by electronic mail (email),
except through www.regulations.gov.
The CPSC encourages you to submit
electronic comments by using the
Federal eRulemaking Portal, as
described above.
Written Submissions: Submit written
submissions in the following way: Mail/
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DATES:
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Hand delivery/Courier (for paper, disk,
or CD–ROM submissions), preferably in
five copies, to: Division of the
Secretariat, Consumer Product Safety
Commission, Room 820, 4330 East West
Highway, Bethesda, MD 20814;
telephone (301) 504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this proposed
rulemaking. All comments received may
be posted without change, including
any personal identifiers, contact
information, or other personal
information provided, to: https://
www.regulations.gov. Do not submit
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. If
furnished at all, such information
should be submitted in writing.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, and insert the
docket number, CPSC–2019–0014, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT:
Hope Nesteruk, Project Manager,
Directorate for Engineering Sciences,
Consumer Product Safety Commission,
5 Research Place, Rockville, MD 20850;
telephone: 301–987–2579; email:
hnesteruk@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Statutory Authority
Section 104(b) of the CPSIA, part of
the Danny Keysar Child Product Safety
Notification Act, requires the
Commission to: (1) examine and assess
the effectiveness of voluntary consumer
product safety standards for durable
infant or toddler products, in
consultation with representatives of
consumer groups, juvenile product
manufacturers, and independent child
product engineers and experts; and (2)
promulgate consumer product safety
standards for durable infant and toddler
products. These standards are to be
‘‘substantially the same as’’ the
applicable voluntary standards or more
stringent than the voluntary standard if
the Commision concludes that more
stringent requirements would further
reduce the risk of injury associated with
the product. The term ‘‘durable infant or
toddler product’’ is defined in section
104(f)(1) of the CPSIA as ‘‘a durable
product intended for use, or that may be
reasonably expected to be used, by
children under the age of 5 years.’’
‘‘Gates and other enclosures for
confining a child’’ are specifically
identified in section 104(f)(2)(G) of the
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CPSIA as a durable infant or toddler
product.
Pursuant to Section 104(b)(1)(A), the
Commission consulted with
manufacturers, retailers, trade
organizations, laboratories, consumer
advocacy groups, consultants, and
members of the public in the
development of this proposed standard,
largely through the ASTM process. The
proposed rule is based on the voluntary
standard developed by ASTM
International, ASTM F1004–19,
Standard Consumer Safety
Specification for Expansion Gates and
Expandable Enclosures (ASTM F1004–
19). The ASTM standard is copyrighted,
but it can be viewed as a read-only
document during the comment period
at: https://www.astm.org/CPSC.htm, by
permission of ASTM.
II. Product Description
A. Definition of ‘‘Gates and Other
Enclosures’’
ASTM F1004–19 defines an
‘‘expansion gate’’ as a ‘‘barrier intended
to be erected in an opening, such as a
doorway, to prevent the passage of
young children, but which can be
removed by older persons who are able
to operate the locking mechanism’’
(section 3.1.7). ASTM F1004–19 defines
an ‘‘expandable enclosure’’ as a ‘‘selfsupporting barrier intended to
completely surround an area or playspace within which a young child may
be confined’’ (section 3.1.6). These
products are intended for young
children aged 6 months through 24
months (section 1.2).
Although the title of the ASTM
F1004–19 standard and its definitions
include the word ‘‘expansion’’ and
‘‘expandable’’ before the words ‘‘gate’’
and ‘‘enclosure,’’ respectively, the scope
of the ASTM F1004–19 standard
includes all children’s gates and
enclosures, whether they expand or not.
ASTM F1004–19 covers: ‘‘[p]roducts
known as expansion gates and
expandable enclosures, or by any other
name,’’ (section 1.2, emphasis added).1
Both expandable gates and nonexpandable gates may serve as barriers
that are intended to be erected in an
opening, such as a doorway, to prevent
the passage of young children. Both
expandable enclosures and nonexpandable enclosures may serve as
barriers intended to completely
surround an area or play-space to
confine young children. Similarly, all
children’s gates and enclosures, whether
1 Gates or enclosures for non-domestic use (such
as commercial or industrial), and those intended for
pets only, are not covered under the scope of ASTM
F1004–19.
E:\FR\FM\08JYP1.SGM
08JYP1
]]>Agencies
[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Proposed Rules]
[Pages 32343-32346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14285]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0487; Product Identifier 2019-NM-044-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and
-500 series airplanes. This proposed AD was prompted by a report of a
fuel leak resulting from a crack on the left in-spar upper wing skin.
This proposed AD would require repetitive surface high frequency eddy
current (HFEC) inspections of the left and right upper wing skin, and
repetitive general visual inspections of the upper wing skin in the
adjacent rib bay areas for any crack, and applicable on-condition
actions. 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 22,
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 p.m., Monday through Friday, except Federal holidays.
[[Page 32344]]
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 referenced 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-2019-0487.
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-
0487; 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: Payman Soltani, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5313; fax: 562-627-
5210; 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-2019-0487;
Product Identifier 2019-NM-044-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 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, 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 the agency receives about this proposed AD.
Discussion
The FAA has received an operator report of a fuel leak resulting
from a crack on the left in-spar upper wing skin. The crack was found
at wing buttock line 157, between stringer 4 and stringer 5 and
measured approximately 2.5 inches in length. The crack was caused by
higher local stress than predicted, possibly attributable to fit-up
issues from the rib installation. This condition, if not addressed,
could result in a crack in the upper wing skin growing undetected,
which could result in the inability of the structure to carry limit
load and adversely affect the structural integrity of the airplane.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 737-57A1344 RB,
dated February 18, 2019. The service information describes procedures
for repetitive surface HFEC inspections of the left and right upper
wing skin at wing buttock line 157, between stringer 4 and stringer 5,
and repetitive general visual inspections of the upper wing skin in the
adjacent rib bay areas for any crack, and applicable on-condition
actions. On-condition actions include repair.
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 the agency 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 accomplishment of the actions
identified in Boeing Alert Requirements Bulletin 737-57A1344 RB, dated
February 18, 2019, described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0487.
Explanation of Requirements Bulletin
The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Boeing has implemented this RC concept
into Boeing service bulletins.
In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).
Costs of Compliance
The FAA estimates that this proposed AD affects 160 airplanes of
U.S. registry. The agency estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
HFEC Inspection and General 1 work-hour x $85 $0 $85 per inspection $13,600 per
Visual Inspection. per hour = $85 per cycle. inspection cycle.
inspection cycle.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition repair specified
in this proposed AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I,
[[Page 32345]]
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-2019-0487; Product Identifier
2019-NM-044-AD.
(a) Comments Due Date
The FAA must receive comments by August 22, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 737-100, -200, -
200C, -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 a report of a fuel leak resulting from a
crack on the left in-spar upper wing skin. The FAA is issuing this
AD to address cracks in the upper wing skin, which could grow
undetected. This condition, if not addressed, could result in the
inability of the structure to carry limit load and adversely affect
the structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions for Group 1 Airplanes
For airplanes identified as Group 1 in Boeing Alert Requirements
Bulletin 737-57A1344 RB, dated February 18, 2019: Within 120 days
after the effective date of this AD, do a surface high frequency
eddy current (HFEC) inspection of the left and right upper wing skin
and a general visual inspection of the upper wing skin in the
adjacent rib bay areas for any crack, and do applicable on-condition
actions, using a method approved in accordance with the procedures
specified in paragraph (j) of this AD.
(h) Required Actions for Groups 2 and 3 Airplanes
Except as specified by paragraph (i) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 737-57A1344 RB, dated February 18, 2019,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-57A1344 RB, dated February 18, 2019.
Note 1 to paragraph (h): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-57A1344, dated February 18, 2019, which is referred to in Boeing
Alert Requirements Bulletin 737-57A1344 RB, dated February 18, 2019.
(i) Exceptions to Service Information Specifications
(1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Requirements Bulletin 737-57A1344 RB,
dated February 18, 2019, uses the phrase ``the original issue date
of Requirements Bulletin 737-57A1344 RB,'' this AD requires using
``the effective date of this AD.''
(2) Where Boeing Alert Requirements Bulletin 737-57A1344 RB,
dated February 18, 2019, specifies contacting Boeing for repair
instructions: This AD requires doing the repair using a method
approved in accordance with the procedures specified in paragraph
(j) of this AD.
(j) 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 (k)(1) 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 inspection, 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 make
those findings. To be approved, the inspection, repair method,
modification deviation, or alteration deviation must meet the
certification basis of the airplane, and the approval must
specifically refer to this AD.
(k) Related Information
(1) For more information about this AD, contact Payman Soltani,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5313; fax: 562-627-5210; email: [email protected].
(2) 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 referenced 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.
[[Page 32346]]
Issued in Des Moines, Washington, on June 24, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-14285 Filed 7-5-19; 8:45 am]
BILLING CODE 4910-13-P
