Airworthiness Directives; The Boeing Company Airplanes, 56563-56566 [2022-19902]
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Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Rules and Regulations
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (j) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (i)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
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 procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
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(j) Related Information
For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone
and fax 206–231–3229; email
vladimir.ulyanov@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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 this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2021–0198, dated August 27,
2021.
(ii) [Reserved]
(3) For EASA AD 2021–0198, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety 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 material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
VerDate Sep<11>2014
16:37 Sep 14, 2022
Jkt 256001
fr.inspection@nara.gov, or go to:
archives.gov/federal-register/cfr/ibrlocations.html.
Issued on August 23, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–19808 Filed 9–14–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–1168; Project
Identifier AD–2021–00825–T; Amendment
39–22138; AD 2022–16–09]
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 737–8
airplanes. This AD was prompted by a
report that, during production, a small
number of fasteners in certain locations
of the center fuel tank were cap sealed
on top of a black stripe of ink with a
clear overcoat. This clear overcoat is not
an approved surface for sealing and can
potentially compromise sealant
adhesion. Compromised sealant
adhesion can, over time, affect the
lightning-protection properties of the
airplane. This AD requires preparation
of the affected surface areas to ensure
that there is adequate sealant adhesion,
and complete encapsulation of the
discrepant fastener locations with the
approved production sealant. The FAA
is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective October 20,
2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 20, 2022.
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
www.myboeingfleet.com. You may view
this service information at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
SUMMARY:
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56563
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available at
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
1168.
Examining the AD Docket
You may examine the AD docket at
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
1168; 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,
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:
Chris Baker, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3552; email: christopher.r.baker@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
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 737–8 airplanes. The NPRM
published in the Federal Register on
February 23, 2022 (87 FR 10110). The
NPRM was prompted by a report that,
during production, a small number of
fasteners common to upper wing panel
stringers U–S1, U–S10, U–S12, U–S20,
and U–S21 and lower wing panel
stringer L–S14 were cap sealed on top
of a black stripe of ink with a clear
overcoat. The black stripe of ink and
clear overcoat were applied during
airplane assembly to certain interior
areas of the center fuel tank to ensure
proper alignment of components, and
this discrepancy was not identified by
Boeing prior to the delivery of certain
airplanes. The purpose of cap sealing is
to provide a secondary layer of lightning
protection to the metal-to-metal rivet
installation bond. The clear overcoat is
not an approved surface for sealing and
can potentially compromise sealant
adhesion.
Compromised sealant adhesion can,
over time, affect the lightning protection
properties of the airplane. In the NPRM,
the FAA proposed to require
preparation of the affected surface areas
to ensure that there is adequate sealant
adhesion, and complete encapsulation
of the discrepant fastener locations with
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Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Rules and Regulations
the approved production sealant. This
condition, if not addressed and
combined with a flammable center tank
ullage and an independent failure of the
primary lightning protection feature,
could result in ignition of the fuel
vapors and subsequent explosion in the
event of a lightning strike to that
fastener.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from Air
Line Pilots Association, International
(ALPA) and an anonymous commenter,
who supported the NPRM without
change.
The FAA received additional
comments from two commenters,
Boeing and Southwest Airlines (SWA).
The following presents the additional
comments received on the NPRM and
the FAA’s response to each comment.
Request To Add Alternative Methods of
Compliance to the Final Rule
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SWA requested that the FAA provide
an option to operators that would allow
removal of the current application of
BMS5–45 sealant in the affected areas
and removal of the black stripe of ink
in accordance with certain operator
procedures (or other acceptable
procedures), then allowing for
refinishing and sealing of the affected
area in accordance with certain other
operator instructions. SWA reasoned
that these additional methods would
address the unsafe condition and would
allow airworthiness limitation (AWL)
inspections and standard maintenance
to be accomplished as intended in the
structural repair manual (SRM) and
maintenance planning document (MPD).
SWA explained that it is concerned
that extending BMS5–45 sealant 0.6
inches beyond the current production
application area could prevent
inspections performed in accordance
with 737–7/8/8200/9/10 Airworthiness
Limitations (AWL) D626A011–9–04 and
MPD principal structural element (PSE)
57–020–00. SWA went on to explain
that extending the BMS5–45 sealant up
to 0.6 inches beyond the current
production application area to
encapsulate the discrepant area
contradicts the sealant restoration
procedures outlined in 737–8MAX SRM
51–80–01 which states, ‘‘SEALANT
MUST NOT EXTEND MORE THAN
0.125 INCH (3.18mm) ON TO THE
SURFACE OF THE PART FOR
DAMAGE TOLERANCE INSPECTION
REASONS.’’ SWA expressed concern
that if an airplane requires repairs or
maintenance actions in the affected
area, or requires AWL/MPD required
inspection 57–020–00, the BMS5–45
sealant will be stripped and, if the
affected area is restored in accordance
with 737–8MAX SRM 51–80–01, could
lead to an operator inadvertently
undoing the actions specified in Boeing
Special Attention Requirements Bulletin
737–57–1352 RB, dated February 1,
2021.
The FAA agrees that the service
bulletin instructions could conflict with
future actions required by the 737–7/8/
8200/9/10 Airworthiness Limitations
(AWL) D626A011–9–04, in that the
added sealant might impede the
operator’s ability to inspect the
structure. The FAA also agrees that
operators could use the existing sealant
restoration procedures to remove the
current application of BMS5–45 sealant
in the discrepant areas, remove the
black stripe of ink in accordance with
acceptable surface preparation
procedures, and reseal the fasteners in
accordance with standard sealing
procedures of fasteners penetrating the
fuel tank. The FAA has added an
optional method of removing the
existing sealant and black stripe of ink
prior to reapplying a fastener seal in
paragraph (h) of this AD and
redesignated subsequent paragraphs.
Request for Additional Detail to the
Unsafe Condition Statement
Boeing requested that the unsafe
condition statement found in the
Background section of the preamble and
paragraph (e) of the proposed AD
include more detail of the conditions
and failures required for a fuel tank
ignition to occur. Boeing stated that in
the proposed AD, the unsafe condition
statement lists only compromised
sealant adhesion as the condition
needed for an ignition of fuel tank
vapors in the event of a lightning strike.
Boeing pointed out that ignition of fuel
tank vapor requires an independent
failure of the primary ignition
prevention feature, a failed cap seal, a
lightning attachment to the particular
fastener, and that the fuel tank is
flammable.
Boeing requested that the FAA change
the fifth sentence in the Background
section of the proposed AD to state,
‘‘This condition, if not addressed and
combined with a flammable center tank
ullage and an independent failure of the
primary lightning protection feature,
could result in ignition of the fuel
vapors and subsequent explosion in the
event of a lightning strike to that
fastener.’’ Boeing requested similar
changes to the second sentence of
paragraph (e) of the proposed AD.
The FAA agrees with the request for
the reasons provided. Boeing provided a
more detailed description of the
potential failure sequence. The FAA has
revised the Background section of this
final rule and the second sentence of
paragraph (e) of this AD accordingly.
Conclusion
The FAA reviewed the relevant data,
considered any comments received, and
determined that air safety requires
adopting this AD as proposed. Except
for minor editorial changes, and any
other changes described previously, this
AD is adopted as proposed in the
NPRM. None of the changes will
increase the economic burden on any
operator.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Special
Attention Requirements Bulletin 737–
57–1352 RB, dated February 1, 2021.
This service information specifies
procedures for preparing the surface and
completely encapsulating the black
stripe of ink, the clear overcoat, and the
existing sealant with the approved
production (BMS5–45) sealant at upper
stringer U–S1, U–S10, U–S12, U–S20,
and U–S21, and lower stringer L–S14.
The affected areas are all located on the
portion of the stringers just outboard of
the center wing box. 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 ADDRESSES.
Costs of Compliance
The FAA estimates that this AD
affects 11 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 ...................................
106 work-hours × $85 per hour = $9,010 .....................
$500
$9,510
$104,610
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Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Rules and Regulations
56565
ESTIMATED COSTS FOR OPTIONAL ACTIONS
Action
Labor cost
Remove Sealant and Black Stripe of Ink, and Reapply
Fastener Seal.
118 work-hours × $85 per hour = $10,030 ..................
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this AD may be covered
under warranty, thereby reducing the
cost impact on affected operators.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
Authority for This Rulemaking
PART 39—AIRWORTHINESS
DIRECTIVES
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.
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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.
VerDate Sep<11>2014
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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:
■
2022–16–09 The Boeing Company:
Amendment 39–22138; Docket No.
FAA–2021–1168; Project Identifier AD–
2021–00825–T.
(a) Effective Date
This airworthiness directive (AD) is
effective October 20, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 737–8 airplanes, certificated in any
category, as identified in Boeing Special
Attention Requirements Bulletin 737–57–
1352 RB, dated February 1, 2021.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report that,
during production, a small number of
fasteners in certain locations of the center
fuel tank were cap sealed on top of a black
stripe of ink with a clear overcoat. This clear
overcoat is not an approved surface for
sealing and can potentially compromise
sealant adhesion. Compromised sealant
adhesion can, over time, affect the lightning
protection properties of the airplane. The
FAA is issuing this AD to address
compromised sealant adhesion within the
center fuel tank, which, if combined with a
flammable center tank ullage and an
independent failure of the primary lightning
protection feature, could result in ignition of
fuel vapors and subsequent explosion of the
fuel tank in the event of a lightning strike to
that fastener.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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Parts cost
$500
Cost per
product
$10,030
(g) Required Actions
Within 10 years after the date of issuance
of the original airworthiness certificate or the
original export certificate of airworthiness,
do all applicable actions identified in, and in
accordance with, the Accomplishment
Instructions of Boeing Special Attention
Requirements Bulletin 737–57–1352 RB,
dated February 1, 2021, except as specified
by paragraph (h) of this AD.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Special Attention
Service Bulletin 737–57–1352, dated
February 1, 2021, which is referred to in
Boeing Special Attention Requirements
Bulletin 737–57–1352 RB, dated February 1,
2021.
(h) Optional Method To Remove Previously
Applied Sealant and Black Stripe of Ink,
and Reapply Fastener Seal
As an option to the sealant application
required by paragraph (g) of this AD, it is
acceptable to remove the existing sealant and
the black stripe of ink prior to reapplying a
fastener seal. Remove existing sealant and
black stripe of ink as follows:
(1) Remove existing sealant to expose the
black stripe of ink.
(2) Remove existing black stripe of ink
using aluminum oxide cloth or paper, 150 to
220 grit.
Note 2 to paragraph (h)(2): Take caution
not to abrade through the existing oven cured
BMS10–20 coating under the black stripe of
ink. The BMS10–20 was previously applied
during production.
(3) Touch up exposed aluminum with
Alodine 600 (Type I, II, or III) or Bonderite
M–CR 600 Aero (Type I, II, or III).
(4) Apply fastener seal (cap seal) with
BMS5–45.
(5) Apply BMS10–20 Type II fuel tank
coating to any exposed alodine/bonderite
surfaces not covered by the fastener seal; it
is acceptable to extend BMS10–20 Type II
coating over fastener seal.
(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 responsible Flight
Standards 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)(1) of
this AD. Information may be emailed to: 9ANMSeattle-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 responsible Flight Standards Office.
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(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.
(j) Related Information
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Issued on July 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
16:37 Sep 14, 2022
Jkt 256001
[Docket No. FAA–2022–0591; Project
Identifier MCAI–2021–01302–T; Amendment
39–22165; AD 2022–18–14]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
The FAA is superseding
Airworthiness Directive (AD) 2017–19–
13, AD 2018–24–04, and AD 2019–23–
02, which applied to certain Airbus SAS
Model A330–200 series, A330–200
Freighter series, and A330–300 series
airplanes. ADs 2017–19–13, 2018–24–
04, and 2019–23–02 required revising
the existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. This AD was prompted by
the FAA’s determination that new or
more restrictive airworthiness
limitations are necessary. This AD
continues to require the actions in AD
2019–23–02, adds airplanes to the
applicability, and requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
additional new or more restrictive
airworthiness limitations, as specified
in a European Union Aviation Safety
Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective October 20,
2022.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 20, 2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of December 30, 2019 (84 FR
64725, November 25, 2019).
ADDRESSES: For material incorporated
by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
internet easa.europa.eu. You may find
this IBR material on the EASA website
at ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
SUMMARY:
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Requirements
Bulletin 737–57–1352 RB, dated February 1,
2021.
(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
www.myboeingfleet.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety 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,
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
VerDate Sep<11>2014
Examining the AD Docket
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
(k) Material Incorporated by Reference
BILLING CODE 4910–13–P
14 CFR Part 39
AGENCY:
(1) For more information about this AD,
contact Chris Baker, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines,
WA 98198; phone and fax: 206–231–3552;
email: christopher.r.baker@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
[FR Doc. 2022–19902 Filed 9–14–22; 8:45 am]
Federal Aviation Administration
call 206–231–3195. It is also available in
the AD docket at regulations.gov under
Docket No. FAA–2022–0591.
DEPARTMENT OF TRANSPORTATION
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You may examine the AD docket at
regulations.gov by searching for and
locating Docket No. FAA–2022–0591; 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
mandatory continuing airworthiness
information (MCAI), 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:
Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA,
International Validation Branch, 2200
South 216th St., Des Moines, WA 98198;
telephone 206 231 3229; email
vladimir.ulyanov@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0261,
dated November 22, 2021 (EASA AD
2021–0261) (also referred to as the
MCAI), to correct an unsafe condition
for all Airbus SAS Model A330–201,
–202, –203, –223, –243, –223F, –243F,
–301, –302, –303, –321, –322, –323,
–341, –342, –343, –841, and –941
airplanes.
Airplanes with an original
airworthiness certificate or original
export certificate of airworthiness
issued after November 2, 2021, must
comply with the airworthiness
limitations specified as part of the
approved type design and referenced on
the type certificate data sheet; this AD
therefore does not include those
airplanes in the applicability.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2017–19–13,
Amendment 39–19043 (82 FR 43837,
September 20, 2017) (AD 2017–19–13);
AD 2018–24–04, Amendment 39–19508
(83 FR 60756, November 27, 2018) (AD
2018–24–04); and AD 2019–23–02,
Amendment 39–19795 (84 FR 64725,
November 25, 2019) (AD 2019–23–02),
which applied to certain Airbus SAS
Model A330–200 series, A330–200
Freighter series, and A330–300 series
airplanes. The NPRM published in the
Federal Register on May 31, 2022 (87
FR 32368). The NPRM was prompted by
E:\FR\FM\15SER1.SGM
15SER1
]]>Agencies
[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Rules and Regulations]
[Pages 56563-56566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19902]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-1168; Project Identifier AD-2021-00825-T;
Amendment 39-22138; AD 2022-16-09]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 737-8 airplanes. This AD was prompted
by a report that, during production, a small number of fasteners in
certain locations of the center fuel tank were cap sealed on top of a
black stripe of ink with a clear overcoat. This clear overcoat is not
an approved surface for sealing and can potentially compromise sealant
adhesion. Compromised sealant adhesion can, over time, affect the
lightning-protection properties of the airplane. This AD requires
preparation of the affected surface areas to ensure that there is
adequate sealant adhesion, and complete encapsulation of the discrepant
fastener locations with the approved production sealant. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective October 20, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 20,
2022.
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 www.myboeingfleet.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety 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 at www.regulations.gov by
searching for and locating Docket No. FAA-2021-1168.
Examining the AD Docket
You may examine the AD docket at www.regulations.gov by searching
for and locating Docket No. FAA-2021-1168; 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, 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: Chris Baker, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3552; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
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 737-8 airplanes. The NPRM published in the Federal
Register on February 23, 2022 (87 FR 10110). The NPRM was prompted by a
report that, during production, a small number of fasteners common to
upper wing panel stringers U-S1, U-S10, U-S12, U-S20, and U-S21 and
lower wing panel stringer L-S14 were cap sealed on top of a black
stripe of ink with a clear overcoat. The black stripe of ink and clear
overcoat were applied during airplane assembly to certain interior
areas of the center fuel tank to ensure proper alignment of components,
and this discrepancy was not identified by Boeing prior to the delivery
of certain airplanes. The purpose of cap sealing is to provide a
secondary layer of lightning protection to the metal-to-metal rivet
installation bond. The clear overcoat is not an approved surface for
sealing and can potentially compromise sealant adhesion.
Compromised sealant adhesion can, over time, affect the lightning
protection properties of the airplane. In the NPRM, the FAA proposed to
require preparation of the affected surface areas to ensure that there
is adequate sealant adhesion, and complete encapsulation of the
discrepant fastener locations with
[[Page 56564]]
the approved production sealant. This condition, if not addressed and
combined with a flammable center tank ullage and an independent failure
of the primary lightning protection feature, could result in ignition
of the fuel vapors and subsequent explosion in the event of a lightning
strike to that fastener.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International (ALPA) and an anonymous commenter, who supported the NPRM
without change.
The FAA received additional comments from two commenters, Boeing
and Southwest Airlines (SWA). The following presents the additional
comments received on the NPRM and the FAA's response to each comment.
Request To Add Alternative Methods of Compliance to the Final Rule
SWA requested that the FAA provide an option to operators that
would allow removal of the current application of BMS5-45 sealant in
the affected areas and removal of the black stripe of ink in accordance
with certain operator procedures (or other acceptable procedures), then
allowing for refinishing and sealing of the affected area in accordance
with certain other operator instructions. SWA reasoned that these
additional methods would address the unsafe condition and would allow
airworthiness limitation (AWL) inspections and standard maintenance to
be accomplished as intended in the structural repair manual (SRM) and
maintenance planning document (MPD).
SWA explained that it is concerned that extending BMS5-45 sealant
0.6 inches beyond the current production application area could prevent
inspections performed in accordance with 737-7/8/8200/9/10
Airworthiness Limitations (AWL) D626A011-9-04 and MPD principal
structural element (PSE) 57-020-00. SWA went on to explain that
extending the BMS5-45 sealant up to 0.6 inches beyond the current
production application area to encapsulate the discrepant area
contradicts the sealant restoration procedures outlined in 737-8MAX SRM
51-80-01 which states, ``SEALANT MUST NOT EXTEND MORE THAN 0.125 INCH
(3.18mm) ON TO THE SURFACE OF THE PART FOR DAMAGE TOLERANCE INSPECTION
REASONS.'' SWA expressed concern that if an airplane requires repairs
or maintenance actions in the affected area, or requires AWL/MPD
required inspection 57-020-00, the BMS5-45 sealant will be stripped
and, if the affected area is restored in accordance with 737-8MAX SRM
51-80-01, could lead to an operator inadvertently undoing the actions
specified in Boeing Special Attention Requirements Bulletin 737-57-1352
RB, dated February 1, 2021.
The FAA agrees that the service bulletin instructions could
conflict with future actions required by the 737-7/8/8200/9/10
Airworthiness Limitations (AWL) D626A011-9-04, in that the added
sealant might impede the operator's ability to inspect the structure.
The FAA also agrees that operators could use the existing sealant
restoration procedures to remove the current application of BMS5-45
sealant in the discrepant areas, remove the black stripe of ink in
accordance with acceptable surface preparation procedures, and reseal
the fasteners in accordance with standard sealing procedures of
fasteners penetrating the fuel tank. The FAA has added an optional
method of removing the existing sealant and black stripe of ink prior
to reapplying a fastener seal in paragraph (h) of this AD and
redesignated subsequent paragraphs.
Request for Additional Detail to the Unsafe Condition Statement
Boeing requested that the unsafe condition statement found in the
Background section of the preamble and paragraph (e) of the proposed AD
include more detail of the conditions and failures required for a fuel
tank ignition to occur. Boeing stated that in the proposed AD, the
unsafe condition statement lists only compromised sealant adhesion as
the condition needed for an ignition of fuel tank vapors in the event
of a lightning strike. Boeing pointed out that ignition of fuel tank
vapor requires an independent failure of the primary ignition
prevention feature, a failed cap seal, a lightning attachment to the
particular fastener, and that the fuel tank is flammable.
Boeing requested that the FAA change the fifth sentence in the
Background section of the proposed AD to state, ``This condition, if
not addressed and combined with a flammable center tank ullage and an
independent failure of the primary lightning protection feature, could
result in ignition of the fuel vapors and subsequent explosion in the
event of a lightning strike to that fastener.'' Boeing requested
similar changes to the second sentence of paragraph (e) of the proposed
AD.
The FAA agrees with the request for the reasons provided. Boeing
provided a more detailed description of the potential failure sequence.
The FAA has revised the Background section of this final rule and the
second sentence of paragraph (e) of this AD accordingly.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, and any other changes
described previously, this AD is adopted as proposed in the NPRM. None
of the changes will increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Special Attention Requirements Bulletin
737-57-1352 RB, dated February 1, 2021. This service information
specifies procedures for preparing the surface and completely
encapsulating the black stripe of ink, the clear overcoat, and the
existing sealant with the approved production (BMS5-45) sealant at
upper stringer U-S1, U-S10, U-S12, U-S20, and U-S21, and lower stringer
L-S14. The affected areas are all located on the portion of the
stringers just outboard of the center wing box. 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 ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 11 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Apply Sealant....................... 106 work-hours x $85 $500 $9,510 $104,610
per hour = $9,010.
----------------------------------------------------------------------------------------------------------------
[[Page 56565]]
Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Remove Sealant and Black Stripe of Ink, and 118 work-hours x $85 per hour = $500 $10,030
Reapply Fastener Seal. $10,030.
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
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.
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.
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:
2022-16-09 The Boeing Company: Amendment 39-22138; Docket No. FAA-
2021-1168; Project Identifier AD-2021-00825-T.
(a) Effective Date
This airworthiness directive (AD) is effective October 20, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-8 airplanes,
certificated in any category, as identified in Boeing Special
Attention Requirements Bulletin 737-57-1352 RB, dated February 1,
2021.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report that, during production, a
small number of fasteners in certain locations of the center fuel
tank were cap sealed on top of a black stripe of ink with a clear
overcoat. This clear overcoat is not an approved surface for sealing
and can potentially compromise sealant adhesion. Compromised sealant
adhesion can, over time, affect the lightning protection properties
of the airplane. The FAA is issuing this AD to address compromised
sealant adhesion within the center fuel tank, which, if combined
with a flammable center tank ullage and an independent failure of
the primary lightning protection feature, could result in ignition
of fuel vapors and subsequent explosion of the fuel tank in the
event of a lightning strike to that fastener.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 10 years after the date of issuance of the original
airworthiness certificate or the original export certificate of
airworthiness, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Special
Attention Requirements Bulletin 737-57-1352 RB, dated February 1,
2021, except as specified by paragraph (h) of this AD.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Special Attention Service
Bulletin 737-57-1352, dated February 1, 2021, which is referred to
in Boeing Special Attention Requirements Bulletin 737-57-1352 RB,
dated February 1, 2021.
(h) Optional Method To Remove Previously Applied Sealant and Black
Stripe of Ink, and Reapply Fastener Seal
As an option to the sealant application required by paragraph
(g) of this AD, it is acceptable to remove the existing sealant and
the black stripe of ink prior to reapplying a fastener seal. Remove
existing sealant and black stripe of ink as follows:
(1) Remove existing sealant to expose the black stripe of ink.
(2) Remove existing black stripe of ink using aluminum oxide
cloth or paper, 150 to 220 grit.
Note 2 to paragraph (h)(2): Take caution not to abrade through
the existing oven cured BMS10-20 coating under the black stripe of
ink. The BMS10-20 was previously applied during production.
(3) Touch up exposed aluminum with Alodine 600 (Type I, II, or
III) or Bonderite M-CR 600 Aero (Type I, II, or III).
(4) Apply fastener seal (cap seal) with BMS5-45.
(5) Apply BMS10-20 Type II fuel tank coating to any exposed
alodine/bonderite surfaces not covered by the fastener seal; it is
acceptable to extend BMS10-20 Type II coating over fastener seal.
(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 responsible Flight Standards 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)(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 responsible Flight Standards Office.
[[Page 56566]]
(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.
(j) Related Information
(1) For more information about this AD, contact Chris Baker,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3552; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Requirements Bulletin 737-57-1352
RB, dated February 1, 2021.
(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 www.myboeingfleet.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety 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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-19902 Filed 9-14-22; 8:45 am]
BILLING CODE 4910-13-P
