Airworthiness Directives; The Boeing Company Airplanes, 67176-67179 [2019-26399]
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67176
Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations
Bulletin B787–81205–SB530070–00, Issue
001, dated August 31, 2018, which is referred
to in Boeing Alert Requirements Bulletin
B787–81205–SB530070–00 RB, Issue 001,
dated August 31, 2018.
(h) Exceptions to Service Information
Specifications
Where Boeing Alert Requirements Bulletin
B787–81205–SB530070–00 RB, Issue 001,
dated August 31, 2018, specifies contacting
Boeing for repair instructions: This AD
requires doing the repair 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, 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 (j) of this
AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
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.
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(j) Related Information
For more information about this AD,
contact Greg Rutar, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA
98198; phone and fax: 206–231–3529; email:
greg.rutar@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin
B787–81205–SB530070–00 RB, Issue 001,
dated August 31, 2018
(ii) [Reserved]
(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.
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(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,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Des Moines, Washington, on
November 12, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–26401 Filed 12–6–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0440; Product
Identifier 2019–NM–032–AD; Amendment
39–19806; AD 2019–23–12]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 737–300, –400,
and –500 series airplanes. This AD was
prompted by fuel system reviews
conducted by the manufacturer. This
AD requires 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 issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective January 13,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 13, 2020.
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
SUMMARY:
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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 final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations is 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:
Discussion
The FAA 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
737–300, –400, and –500 series
airplanes. The NPRM published in the
Federal Register on June 25, 2019 (84
FR 29815). The NPRM was prompted by
fuel system reviews conducted by the
manufacturer as required by Special
Federal Aviation Regulation No. 88
(‘‘SFAR 88’’) to 14 CFR part 21, to
ensure their fuel tank systems can
prevent potential ignition sources.
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). The NPRM
proposed to 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 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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Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations
Comments
The FAA 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
Boeing concurred with the content of
the NPRM.
Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
accomplishing Supplemental Type
Certificate (STC) ST01219SE does not
affect compliance with the proposed
actions.
The FAA agrees with the commenter.
Paragraph (c) of the proposed AD has
been redesignated as paragraph (c)(1) of
this AD, and paragraph (c)(2) has been
added to this AD to state that
installation of STC ST01219SE does not
affect the ability to accomplish the
actions required by this AD. Therefore,
for airplanes on which STC ST01219SE
is installed, a ‘‘change in product’’
alternative method of compliance
(AMOC) approval request is not
necessary to comply with the
requirements of 14 CFR 39.17.
Request To Allow the Use of Later
Revisions of Service Information
Commenter John Straiton asked that
the FAA include a statement in the
compliance requirements of the
proposed AD allowing the use of later
revisions of Boeing Alert Service
Bulletin 737–57A1321, dated February
8, 2019. The commenter stated that
adding this statement would ensure that
operators are promptly in compliance
with their obligation to ensure that all
maintenance is certified to the latest
approved version of the maintenance
data. The commenter also stated that
adding this statement will also remove
the requirement to wait for the AD to be
revised to reflect the revision in the
service information, and to contact the
appropriate original equipment
manufacturer or STC holder to issue an
AMOC to approve the use of the revised
service information. The commenter
noted that this would reduce the delay
in implementing the revision and would
reduce the maintenance costs associated
with the issuance of an AMOC. The
commenter concluded that the
European Union Aviation Safety
Agency, which is the Technical Agent
for the Member States of the European
Union, already incorporates the ‘‘or later
revision’’ statement in any AD issued by
them, so this will demonstrate a further
harmonization of regulatory control.
The FAA does not agree with the
commenter’s request to allow the use of
later revisions of the service
information. The FAA may not refer to
any document that does not yet exist in
an AD. In general terms, the FAA is
required by Office of the Federal
Register (OFR) regulations for approval
of materials incorporated by reference,
as specified in 1 CFR 51.1(f), to either
publish the service document contents
as part of the actual AD language; or
submit the service documents to the
OFR for approval as referenced material,
in which case the FAA may only refer
to such material in the text of an AD.
The AD may refer to the service
document only if the OFR approved it
for incorporation by reference. See 1
CFR part 51. To allow operators to use
later revisions of the referenced
document (issued after publication of
the final rule), either the FAA must
revise the AD to reference specific later
revisions, or operators must request
approval to use later revisions as an
AMOC to this AD under the provisions
of paragraph (i)(1) of this AD. The FAA
has not revised this AD regarding this
issue.
67177
Conclusion
The FAA reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this
final rule with the changes described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
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.
Costs of Compliance
The FAA estimates that this AD
affects 268 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this 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 ...........
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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.
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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
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Cost on U.S.
operators
Up to $11,808,080.
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,
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Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations
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
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) 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.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2019–23–12 The Boeing Company:
Amendment 39–19806; Docket No.
FAA–2019–0440; Product Identifier
2019–NM–032–AD.
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(a) Effective Date
This AD is effective January 13, 2020.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to all The Boeing
Company Model 737–300, –400, and –500
series airplanes, certificated in any category.
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(2) Installation of Supplemental Type
Certificate (STC) ST01219SE does not affect
the ability to accomplish the actions required
by this AD. Therefore, for airplanes on which
STC ST01219SE is installed, a ‘‘change in
product’’ alternative method of compliance
(AMOC) approval request is not necessary to
comply with the requirements of 14 CFR
39.17.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by fuel system
reviews conducted by the manufacturer to
ensure their fuel tank systems can prevent
potential ignition sources. 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) 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
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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
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 (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
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.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 737–
57A1321, dated February 8, 2019.
(ii) [Reserved]
(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,
email fedreg.legal@nara.gov, or go to: https://
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Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Des Moines, Washington, on
November 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–26399 Filed 12–6–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0437; Product
Identifier 2019–NM–074–AD; Amendment
39–19800; AD 2019–23–06]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 757–200,
–200CB, and –300 series airplanes. This
AD was prompted by reports of cracks
initiating in the fuselage frame web at
body station (STA) 1640. This AD
requires, depending on configuration, a
general visual inspection for any
previous repair, such as any reinforcing
repair or local frame replacement repair,
repetitive open hole high frequency
eddy current (HFEC) inspections for any
crack of the fuselage frame web fastener
holes, on the left and right side of the
airplane, and applicable on-condition
actions. The FAA is issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective January 13,
2020.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of January 13, 2020.
ADDRESSES: For Boeing 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;
phone: 562–797–1717; internet: https://
www.myboeingfleet.com.
For Aviation Partners Boeing service
information identified in this final rule,
contact Aviation Partners Boeing, 2811
South 102nd St., Suite 200, Seattle, WA
98168; phone: 206–830–7699; fax: 206–
767–0535; email: leng@
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DATES:
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aviationpartners.com; internet: https://
www.aviationpartnersboeing.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–
0437.
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–
0437; 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 final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations is 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:
Peter Jarzomb, Aerospace Engineer,
Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5234; fax: 562–627–
5210; email: peter.jarzomb@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain The Boeing Company
Model 757–200, –200CB, and –300
series airplanes. The NPRM published
in the Federal Register on June 21, 2019
(84 FR 29102). The NPRM was
prompted by reports of cracks initiating
in the fuselage frame web at STA 1640.
The NPRM proposed to require,
depending on configuration, a general
visual inspection for any previous
repair, such as any reinforcing repair or
local frame replacement repair,
repetitive open hole HFEC inspections
for any crack of the fuselage frame web
fastener holes, on the left and right side
of the airplane, and applicable oncondition actions.
The FAA is issuing this AD to address
cracks initiating in the fuselage frame
web at STA 1640, which could result in
reduced structural integrity of the
airplane.
Comments
The FAA gave the public the
opportunity to participate in developing
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67179
this final rule. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Support for the NPRM
United Airlines and Aviation Partners
Boeing (APB) provided their
concurrence with the NPRM.
Request To Clarify Costs of Required
Actions
Boeing requested that the FAA clarify
the costs of the actions required by the
NPRM by separating the access and
close-out hours as separate actions, and
specifying that the on-condition costs
are providing the costs of oversizing
fastener holes, if necessary. Boeing
pointed out that the costs listed also
include the access and close-out hours,
which comprise the majority of the
hours for each action, causing the
required actions to appear overly
expensive. Boeing mentioned that
operators are expected to do either a
one-time general visual inspection,
followed by an open hole HFEC
inspection, or do an open hole HFEC
inspection, depending on the condition
and utilization rate of the airplane.
Boeing also pointed out that the oncondition costs are not defined in the
service information and that the NPRM
is unclear if the on-condition costs refer
to fastener replacement installations or
fastener hole oversizing. Additionally,
Boeing mentioned that the costs of
fastener re-installation are already
included in the costs for an open hole
HFEC inspection. However, Boeing
stated that the FAA estimate of one
work-hour per airplane for on-condition
costs of oversizing fastener holes seems
reasonable.
The FAA agrees with the request to
clarify the costs of the actions required
by this AD for the reasons provided. The
FAA has revised the cost estimates
provided in this AD to clarify the costs
of the required actions to include access
and close-out hours only as part of the
costs for the HFEC inspections, and to
revise the work-hours for the general
visual inspection to specify only 1
work-hour. We have also revised the
cost estimates in this AD to specify that
the on-condition costs are the costs of
oversizing fastener holes.
Request To Clarify the Unsafe
Condition
Boeing requested that the FAA clarify
the unsafe condition. Boeing pointed
out that the unsafe condition mitigated
by the proposed AD is for cracks
initiating in the fuselage frame web at
STA 1640 in hidden areas that may not
be sufficiently detectable by doing the
C:\TARSHA\09DER1.SGM
09DER1
]]>Agencies
[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Rules and Regulations]
[Pages 67176-67179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26399]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0440; Product Identifier 2019-NM-032-AD; Amendment
39-19806; AD 2019-23-12]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 737-300, -400, and -500 series airplanes. This
AD was prompted by fuel system reviews conducted by the manufacturer.
This AD requires 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 issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective January 13, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 13,
2020.
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 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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is 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
The FAA 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 737-300, -400, and -500 series airplanes. The NPRM published in
the Federal Register on June 25, 2019 (84 FR 29815). The NPRM was
prompted by fuel system reviews conducted by the manufacturer as
required by Special Federal Aviation Regulation No. 88 (``SFAR 88'') to
14 CFR part 21, to ensure their fuel tank systems can prevent potential
ignition sources. 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). The NPRM proposed to
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 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.
[[Page 67177]]
Comments
The FAA 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
Boeing concurred with the content of the NPRM.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that accomplishing Supplemental
Type Certificate (STC) ST01219SE does not affect compliance with the
proposed actions.
The FAA agrees with the commenter. Paragraph (c) of the proposed AD
has been redesignated as paragraph (c)(1) of this AD, and paragraph
(c)(2) has been added to this AD to state that installation of STC
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.
Request To Allow the Use of Later Revisions of Service Information
Commenter John Straiton asked that the FAA include a statement in
the compliance requirements of the proposed AD allowing the use of
later revisions of Boeing Alert Service Bulletin 737-57A1321, dated
February 8, 2019. The commenter stated that adding this statement would
ensure that operators are promptly in compliance with their obligation
to ensure that all maintenance is certified to the latest approved
version of the maintenance data. The commenter also stated that adding
this statement will also remove the requirement to wait for the AD to
be revised to reflect the revision in the service information, and to
contact the appropriate original equipment manufacturer or STC holder
to issue an AMOC to approve the use of the revised service information.
The commenter noted that this would reduce the delay in implementing
the revision and would reduce the maintenance costs associated with the
issuance of an AMOC. The commenter concluded that the European Union
Aviation Safety Agency, which is the Technical Agent for the Member
States of the European Union, already incorporates the ``or later
revision'' statement in any AD issued by them, so this will demonstrate
a further harmonization of regulatory control.
The FAA does not agree with the commenter's request to allow the
use of later revisions of the service information. The FAA may not
refer to any document that does not yet exist in an AD. In general
terms, the FAA is required by Office of the Federal Register (OFR)
regulations for approval of materials incorporated by reference, as
specified in 1 CFR 51.1(f), to either publish the service document
contents as part of the actual AD language; or submit the service
documents to the OFR for approval as referenced material, in which case
the FAA may only refer to such material in the text of an AD. The AD
may refer to the service document only if the OFR approved it for
incorporation by reference. See 1 CFR part 51. To allow operators to
use later revisions of the referenced document (issued after
publication of the final rule), either the FAA must revise the AD to
reference specific later revisions, or operators must request approval
to use later revisions as an AMOC to this AD under the provisions of
paragraph (i)(1) of this AD. The FAA has not revised this AD regarding
this issue.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
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.
Costs of Compliance
The FAA estimates that this AD affects 268 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. 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 AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service,
[[Page 67178]]
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
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) 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.
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):
2019-23-12 The Boeing Company: Amendment 39-19806; Docket No. FAA-
2019-0440; Product Identifier 2019-NM-032-AD.
(a) Effective Date
This AD is effective January 13, 2020.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to all The Boeing Company Model 737-300, -
400, and -500 series airplanes, certificated in any category.
(2) Installation of Supplemental Type Certificate (STC)
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by fuel system reviews conducted by the
manufacturer to ensure their fuel tank systems can prevent potential
ignition sources. 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) 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 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 (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
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].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 737-57A1321, dated February 8,
2019.
(ii) [Reserved]
(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, email [email protected], or go to: https://
[[Page 67179]]
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on November 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-26399 Filed 12-6-19; 8:45 am]
BILLING CODE 4910-13-P
