[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Rules and Regulations]
[Pages 50683-50686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23509]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0521; Directorate Identifier 2008-NM-187-AD; 
Amendment 39-16034; AD 2009-20-11]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-300, -400, and -500 
Series Airplanes Equipped With a Digital Transient Suppression Device 
(DTSD) Installed in Accordance With Supplemental Type Certificate (STC) 
ST00127BO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 737-300, -400, and -500 series airplanes. This AD requires 
revising the maintenance program to include new fuel system limitations 
for airplanes modified in accordance with STC ST00127BO. This AD also 
requires inspections and checks of the DTSDs and corrective actions, if 
necessary. This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent a potential of ignition 
sources inside fuel tanks, which, in combination with flammable fuel 
vapors, could result in a fuel tank fire or explosion and consequent 
loss of the airplane.

DATES: This AD is effective November 5, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 5, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Goodrich Corporation, Fuel and Utility Systems, 100 Panton Road, 
Vergennes, Vermont 05491-1008; telephone 802-877-4476; e-mail 
[email protected]; Internet http://www.goodrich.com/TechPubs.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Marc Ronell, Aerospace Engineer, ANE-
150, FAA, Boston Aircraft Certification Office, 12 New England 
Executive Park, Burlington, Massachusetts 01803; telephone (781) 238-
7776; fax (781) 238-7170.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 737-300, -400, and -500 series airplanes. That 
NPRM was published in the Federal Register on June 9, 2009 (74 FR 
27254). That NPRM proposed to require revising the maintenance program 
to include new fuel system limitations for airplanes modified in 
accordance with Supplemental Type Certificate (STC) ST00127BO. That 
NPRM also proposed to require inspections and checks of the digital 
transient suppression devices and corrective actions, if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. Boeing supports the NPRM.

Actions Since NPRM was Issued

    Since we issued the NPRM, we have determined that it is necessary 
to clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the maintenance 
program. But once the CDCCLs are incorporated into the maintenance 
program, future maintenance actions on components must be done in 
accordance with those CDCCLs.
    We have added Note 2 to this AD to clarify the intended effect of 
the AD on spare and on-airplane fuel tank system components.

Conclusion

    We reviewed the relevant data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the change described previously. We also determined that this 
change will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 12 airplanes of U.S. registry. The 
following table provides the estimated costs for

[[Page 50684]]

U.S. operators to comply with this AD. The average labor rate is $80 
per work hour.

                                                 Estimated Costs
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                                                                                     Cost per
                             Action                                 Work hours        product       Fleet cost
----------------------------------------------------------------------------------------------------------------
Revision to maintenance program.................................               8            $640          $7,680
Operational check, per cycle....................................               1              80             960
Bond damage inspection, per cycle...............................               1              80             960
Separation inspection, per cycle................................               1              80             960
----------------------------------------------------------------------------------------------------------------

Authority for this Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979), 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 AD:

2009-20-11 Boeing: Amendment 39-16034. Docket No. FAA-2009-0521; 
Directorate Identifier 2008-NM-187-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective November 5, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-300, -400, and -500 
series airplanes, certificated in any category, equipped with a 
digital transient suppression device (DTSD) installed in accordance 
with Supplemental Type Certificate (STC) ST00127BO.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (m) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Subject

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

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent a potential of 
ignition sources inside fuel tanks, which in combination with 
flammable fuel vapors, could result in a fuel tank fire or explosion 
and consequent loss of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Revision to the Maintenance Program to Add Critical Design 
Configuration Control Limitations (CDCCLs) Specified in Section 10.1 of 
the Service Information

    (g) Within 30 days after the effective date of this AD: Revise 
the maintenance program to incorporate the fuel system limitations 
specified in Section 10.1 of the Goodrich Instructions for Continued 
Airworthiness for the Transient Suppression Device Installation 
Applicable to Boeing 737-300, -400, & -500 Airplanes Supplemental 
Type Certificate--ST00127BO, Document T2007-0010-0101, Revision D, 
dated January 16, 2007.

Revision to the Maintenance Program to Add Scheduled Inspections/
Operational Checks

    (h) Within 30 days after the effective date of this AD: Revise 
the maintenance program to incorporate the scheduled inspections/
operational checks specified in Section 2.2.3 of the Goodrich 
Instructions for Continued Airworthiness for the Transient 
Suppression Device Installation Applicable to Boeing 737-300, -400, 
& -500 Airplanes Supplemental Type Certificate--ST00127BO, Document 
T2007-0010-0101, Revision D, dated January 16, 2007; except that the 
initial inspections/checks required by paragraphs (i), (j), and (k) 
of this AD must be done at the compliance times specified in those 
paragraphs. Repeat the inspections/checks thereafter at the 
applicable compliance times in the column, ``Frequency,'' of the 
table specified in Section 2.2.3 of the Goodrich Instructions for 
Continued Airworthiness for the Transient Suppression Device 
Installation Applicable to Boeing 737-300, -400, & -500 Airplanes 
Supplemental Type Certificate--ST00127BO, Document T2007-0010-0101, 
Revision D, dated January 16, 2007.

Initial Inspections and Repair if Necessary

    (i) Prior to the accumulation of 39,000 flight hours after 
modification in accordance with STC ST00127BO, or within 12 months 
after the effective date of this AD, whichever occurs later: Do an 
operational check of the DTSDs, in accordance with Section 2.2.3, 
``Scheduled Inspections/Operational Checks,'' of the Goodrich 
Instructions for

[[Page 50685]]

Continued Airworthiness for the Transient Suppression Device 
Installation Applicable to Boeing 737-300, -400, & -500 Airplanes 
Supplemental Type Certificate--ST00127BO, Document T2007-0010-0101, 
Revision D, dated January 16, 2007. If the DTSD fails the 
operational check, repair before further flight, in accordance with 
the section of the Goodrich Aircraft Maintenance Manual Supplement 
with Wiring Diagrams, 737-300/-400/-500 FQIS with Goodrich Digital 
Indicators and Transient Suppression Device, STC Number: ST00127BO, 
Revision 5, dated December 20, 2006, that corresponds to the 
operational check specified in Goodrich Instructions for Continued 
Airworthiness for the Transient Suppression Device Installation 
Applicable to Boeing 737-300, -400, & -500 Airplanes Supplemental 
Type Certificate--ST00127BO, Document T2007-0010-0101, Revision D, 
dated January 16, 2007.
    (j) Prior to the accumulation of 4,000 flight hours after 
modification in accordance with STC ST00127BO, or within 6 months 
after the effective date of this AD, whichever occurs later: Do a 
general visual inspection for critical bond damage of the DTSD safe-
side harnesses (critical bond damage includes measuring the bonding 
resistance across the ground strap and verifying the resistance is 
less than 2.0 milliohms), in accordance with Section 2.2.3, 
``Scheduled Inspections/Operational Checks,'' of Goodrich 
Instructions for Continued Airworthiness for the Transient 
Suppression Device Installation Applicable to Boeing 737-300, -400, 
& -500 Airplanes Supplemental Type Certificate--ST00127BO, Document 
T2007-0010-0101, Revision D, dated January 16, 2007, which includes 
Items 5, 6, 7, and 8 of Table 6 in Section 10.1, ``Fuel System 
Limitations.'' If any damage is found, repair before further flight, 
in accordance with the section of the Goodrich Aircraft Maintenance 
Manual Supplement with Wiring Diagrams for 737-300/-400/-500 FQIS 
with Goodrich Aircraft Maintenance Manual Supplement with Wiring 
Diagrams, 737-300/-400/-500 FQIS with Goodrich Digital Indicators 
and Transient Suppression Device, STC Number: ST00127BO, Revision 5, 
dated December 20, 2006, that corresponds to the general visual 
inspection specified in Goodrich Instructions for Continued 
Airworthiness for the Transient Suppression Device Installation 
Applicable to Boeing 737-300, -400, & -500 Airplanes Supplemental 
Type Certificate--ST00127BO, Document T2007-0010-0101, Revision D, 
dated January 16, 2007.
    (k) Prior to the accumulation of 24,000 flight hours after 
modification in accordance with STC ST00127BO, or within 12 months 
after the effective date of this AD, whichever occurs later: Do a 
general visual inspection for physical separation of the DTSD safe-
side harnesses from other airplane wiring, hydraulic tubing, 
structure, control cables, and bleed air ducts, in accordance with 
Section 2.2.3, ``Scheduled Inspections/Operational Checks,'' of the 
Goodrich Instructions for Continued Airworthiness for the Transient 
Suppression Device Installation Applicable to Boeing 737-300, -400, 
& -500 Airplanes Supplemental Type Certificate--ST00127BO, Document 
T2007-0010-0101, Revision D, dated January 16, 2007. If any damage 
is found, repair before further flight, in accordance with the 
section of the Goodrich Aircraft Maintenance Manual Supplement with 
Wiring Diagrams for 737-300/-400/-500 FQIS with Goodrich Digital 
Indicators and Transient Suppression Device, STC Number: ST00127BO, 
Revision 5, dated December 20, 2006, that corresponds to the general 
visual inspection specified in Goodrich Instructions for Continued 
Airworthiness for the Transient Suppression Device Installation 
Applicable to Boeing 737-300, -400, & -500 Airplanes Supplemental 
Type Certificate--ST00127BO, Document T2007-0010-0101, Revision D, 
dated January 16, 2007.

No Alternative Inspections/Checks, Inspection/Check Intervals, or 
CDCCLs

    (l) After accomplishing the actions specified in paragraphs (g) 
and (h) of this AD, no alternative inspections/checks, inspection/
check intervals, or CDCCLs may be used unless the inspections/
checks, intervals, or CDCCLs are approved as an alternative method 
of compliance (AMOC) in accordance with the procedures specified in 
paragraph (m) of this AD.

    Note 2: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the 
maintenance program, as required by paragraph (g) of this AD, do not 
need to be reworked in accordance with the CDCCLs. However, once the 
maintenance program has been revised, future maintenance actions on 
these components must be done in accordance with the CDCCLs.

AMOCs

    (m)(1) The Manager, Boston Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Marc 
Ronell, Aerospace Engineer, ANE-150, FAA, Boston Aircraft 
Certification Office, 12 New England Executive Park, Burlington, 
Massachusetts 01803; telephone (781) 238-7776; fax (781) 238-7170.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (n) You must use the service information contained in Table 1 of 
this AD to do the actions required by this AD, as applicable, unless 
the AD specifies otherwise.

                                   Table 1--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                 Document                             Revision                             Date
----------------------------------------------------------------------------------------------------------------
Goodrich Aircraft Maintenance Manual       5                              December 20, 2006.
 Supplement with Wiring Diagrams, 737-300/
 -400/-500 FQIS with Goodrich Digital
 Indicators and Transient Suppression
 Device, STC Number: ST00127BO.
Goodrich Instructions for Continued        D                              January 16, 2007.
 Airworthiness for the Transient
 Suppression Device Installation
 Applicable to Boeing 737-300, -400, & -
 500 Airplanes Supplemental Type
 Certificate--ST00127BO, Document T2007-
 0010-0101.
----------------------------------------------------------------------------------------------------------------

     (The List of Effective Pages (LOEP) for Goodrich Aircraft 
Maintenance Manual Supplement with Wiring Diagrams, 737-300/-400/-
500 FQIS with Goodrich Digital Indicators and Transient Suppression 
Device, STC Number: ST00127BO, contains the following errors: Page 
TOC-1 is dated December 20, 2006, not June 1, 2002, as indicated in 
the LOEP; the odd-numbered pages of the Appendix--Wiring Diagrams 
are dated April 16, 2004, not August 15, 2005, as indicated in the 
LOEP.)
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Goodrich Corporation, Fuel and Utility Systems, 100 Panton Road, 
Vergennes, Vermont 05491-1008; telephone 802-877-4476; e-mail 
[email protected]; Internet http://www.goodrich.com/TechPubs.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.


[[Page 50686]]


    Issued in Renton, Washington, on September 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-23509 Filed 9-30-09; 8:45 am]
BILLING CODE 4910-13-P