[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Proposed Rules]
[Pages 21279-21281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08335]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0302; Directorate Identifier 2013-NM-019-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to certain The Boeing Company Model 737-100 and -200 
series airplanes. The existing AD currently requires replacement of 
certain underwing fuel tank access covers with stronger, fire-resistant 
covers. Since we issued that AD, we received reports of standard access 
doors installed where impact resistant access doors are required and 
reports of impact resistant doors without stencils. This proposed AD 
would require inspecting fuel tank access doors to determine that 
impact resistant access doors are installed in the correct locations, 
inspecting application of stencils and index markers of impact 
resistant access doors, corrective actions if necessary, revising the 
maintenance program, and adding airplanes to the applicability. We are 
proposing this AD to prevent foreign object penetration of the wing 
tank, which could lead to a fuel leak near ignition sources (engine, 
hot brakes), consequently leading to a fuel-fed fire.

DATES: We must receive comments on this proposed AD by May 28, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, P. 
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. 
You may review copies of the referenced 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.

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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Suzanne Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 
425-917-6438; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0302; 
Directorate Identifier 2013-NM-019-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On December 29, 1986, we issued AD 87-02-07, Amendment 39-5506 
(Docket No. 86-NM-175-AD; 52 FR 518-01, January 7, 1987), for certain 
Model 737-100 and 737-200 series airplanes. That AD requires 
replacement of certain underwing fuel tank access covers with stronger, 
fire-resistant covers. That AD resulted from an incident of cover 
penetration, which resulted in a fire and total loss of the airplane. 
We issued that AD to prevent foreign object penetration of the wing 
tank, which could lead to a fuel leak near ignition sources (engine, 
hot brakes), consequently leading to a fuel-fed fire.

Actions Since Existing AD Was Issued

    Since we issued AD 87-02-07, Amendment 39-5506 (Docket No. 86-NM-
175-AD; 52 FR 518-01, January 7, 1987), we received reports of standard 
access doors installed where impact resistant access doors are required 
and reports of impact resistant doors without stencils.

Relevant Service Information

    We reviewed Boeing Service Bulletin 737-28-1286, dated January 10, 
2012.

[[Page 21280]]

The service information describes procedures for inspecting stencils 
and index markers of impact resistance access doors and corrective 
action if necessary. For information on the procedures and compliance 
times, see this service information at http://www.regulations.gov by 
searching for Docket No. FAA-2013-0302.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs.

Proposed AD Requirements

    This proposed AD would retain none of the requirements of AD 87-02-
07, Amendment 39-5506 (Docket No. 86-NM-175-AD; 52 FR 518-01, January 
7, 1987). Since that AD was issued, the FAA issued section 121.316 of 
the Federal Aviation Regulations (14 CFR 121.316) requiring that each 
turbine powered transport category airplane meet the requirements of 
section 25.963(e) of the Federal Aviation Regulations (14 CFR 
25.963(e)). Section 25.963(e) outlines the certification requirements 
for fuel tank access covers on turbine powered transport category 
airplanes.
    This proposed AD would require inspecting fuel tank access doors to 
determine that impact resistant access doors are installed in the 
correct locations, inspecting application of stencils and index markers 
of impact resistant access doors, corrective actions if necessary, and 
revising the maintenance program. This proposed AD also would add Model 
737-200C and 737-300 series airplanes to the applicability, since these 
models are similar in design to Model 737-100 and -200 series 
airplanes.
    This proposed AD requires revisions to certain operator maintenance 
documents to include a new critical design configuration control 
limitation (CDCCL). Compliance with CDCCLs is required by section 
91.403(c) of the Federal Aviation Regulations (14 CFR 91.403(c)). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator might not be able 
to accomplish the actions 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 the 
procedures specified in paragraph (j) of this proposed AD. The request 
should include a description of changes to the required actions that 
will ensure the continued damage tolerance of the affected structure.
    The phrase ``related investigative actions'' might be used in this 
proposed AD. ``Related investigative actions'' are follow-on actions 
that: (1) are related to the primary actions, and (2) are actions that 
further investigate the nature of any condition found. Related 
investigative actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be used in 
this proposed AD. ``Corrective actions'' are actions that correct or 
address any condition found. Corrective actions in an AD could include, 
for example, repairs.

Costs of Compliance

    We estimate that this proposed AD affects 128 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                       Cost per    Cost on U.S.
                  Action                            Labor cost           Parts cost    product       operators
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Inspect, replace, and apply stencil and    8 work-hours x $85 per hour           $0          $85         $87,040
 index marker.                              = $680.
Revise airworthiness limitations.........  1 work-hour x $85 per hour             0           85          10,880
                                            = $85.
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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.
    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

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
87-02-07, Amendment 39-5506 (Docket No. 86-NM-175-AD; 52 FR 518-01, 
January 7, 1987), and adding the following new AD:


[[Page 21281]]


The Boeing Company: Docket No. FAA-2013-0302; Directorate Identifier 
2013-NM-019-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by May 28, 2013.

(b) Affected ADs

    This AD supersedes AD 87-02-07, Amendment 39-5506 (Docket No. 
86-NM-175-AD; 52 FR 518-01, January 7, 1987).

(c) Applicability

    This AD applies to The Boeing Company Model 737-100, -200, -
200C, and -300 series airplanes, certified in any category, as 
identified in Boeing Service Bulletin 737-28-1286, dated January 10, 
2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of standard access doors 
installed where impact resistant access doors are required and 
reports of impact resistant doors without stencils. We are issuing 
this AD to prevent foreign object penetration of the wing tank, 
which could lead to a fuel leak near ignition sources (engine, hot 
brakes), consequently leading to a fuel-fed fire.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection and Corrective Actions

    Within 72 months after the effective date of this AD, do a 
general visual inspection of the left-wing and right-wing fuel tank 
access doors to determine that impact resistant access doors are 
installed in the correct locations, and an inspection for proper 
application of stencils and index markers of impact resistance 
access doors; and do all applicable corrective actions; in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 737-28-1286, dated January 10, 2012. Do all applicable 
corrective actions before further flight.

(h) Maintenance Program Revision

    Within 60 days after the effective date of this AD, revise the 
maintenance program to incorporate airworthiness limitation (AWL) 
57-AWL-01, as specified in Section C, Airworthiness Limitations 
(AWLs)--Fuel Systems, of the Boeing 737-100/200/200C/300/400/500 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D6-38278-CMR, dated August 2012.

(i) No Alternative Critical Design Configuration Control Limitations 
(CDCCLs)

    After accomplishing the revision required by paragraph (h) of 
this AD, no alternative CDCCLs may be used unless the CDCCLs are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (j) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
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 ACO, send it to the 
attention of the person identified in the Related Information 
section 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 required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane and the approval must 
specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Suzanne Lucier, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone: 425-917-6438; fax: 425-917-6590; 
email: [email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced 
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.


    Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08335 Filed 4-9-13; 8:45 am]
BILLING CODE 4910-13-P