[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Rules and Regulations]
[Pages 40477-40479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17399]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0128; Product Identifier 2016-NM-194-AD; Amendment 
39-18999; AD 2017-17-09]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 737-300, -400, and -500 series airplanes. This AD 
was prompted by a manufacturer's review that showed that the fuel tank 
access door at a certain wing buttock line did not have an engineered 
ground path with the mating wing structure. This AD requires replacing 
the fuel tank access door, doing a check of the electrical bond, doing 
related investigative and corrective actions if necessary, and revising 
the maintenance or inspection program by incorporating an airworthiness 
limitation (AWL). We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective September 29, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 29, 
2017.

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, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0128.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0128; 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 final rule, the regulatory evaluation, any comments 
received, and other information. The address for the Docket Office 
(phone: 800-647-5527) is Docket 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: 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

    We 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 March 9, 2017 (82 FR 13079). The NPRM was 
prompted by a report that the fuel tank access door at wing buttock 
line 191.00 did not have an engineered ground path with the mating wing 
structure. The NPRM proposed to require replacing the fuel tank access 
door, doing a check of the electrical bond, doing related investigative 
and corrective actions if necessary, and revising the maintenance or 
inspection program by incorporating an AWL. We are issuing this AD to 
prevent an ungrounded path that could result in an increased risk of 
ignition and subsequent fuel tank explosion in the event of a lightning 
strike.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International, stated that it 
supports the NPRM.

Request To Revise the Proposed AD To State the Compliance Time and 
Remove an Exception

    Boeing requested that we revise paragraph (g) of the proposed AD to 
state the specific compliance time ``within 36 months after the 
effective date of this AD,'' rather than referring to the service 
information for compliance times. Boeing suggested that providing the 
compliance time in the body of the proposed AD would minimize confusion 
and misunderstanding.
    Boeing also requested that we remove paragraph (i)(1) of the 
proposed AD, which specifies an exception to the compliance time stated 
in the service information. Boeing further noted that we would also 
need to renumber paragraph (i)(2) of the proposed AD and update 
references to the affected paragraphs of the proposed AD. Boeing 
pointed out that if we stated the specific compliance time as 
requested, the exception language in paragraph (i)(1) of the proposed 
AD is no longer necessary.
    We agree with the requested changes for the reasons provided by the 
commenter. We have revised this AD accordingly.

Request To Correct the Certification Maintenance Requirements (CMR) 
Document Title

    Boeing requested that we correct the title of the CMR document from 
``Boeing 737-12345 . . .'' to ``Boeing 737-100/200/200C/300/400/500 . . 
. .''
    We agree with this request and have corrected the document title in 
this final rule.

[[Page 40478]]

Effects of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST01219SE does not affect the 
accomplishment of the manufacturer's service instructions.
    We agree with the commenter that STC ST01219SE does not affect the 
accomplishment of the manufacturer's service instructions. Therefore 
the installation of STC ST01219SE does not affect the ability to 
accomplish the actions required by this AD. We have not changed this AD 
in this regard.

Conclusion

    We 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. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We 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

    We reviewed the following service information.
     Boeing Service Bulletin 737-57-1320, dated October 7, 
2016, which describes procedures for replacing the fuel tank access 
door with a new installation that has two engineered ground paths 
between the new door assembly and the mating wing structure, doing a 
check of the electrical bond, and related investigative and corrective 
actions.
     Boeing 737-100/200/200C/300/400/500 Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements (CMRs) 
D6-38278-CMR, dated May 2016. The AWL required by this AD is AWL 28-
AWL-30 ``Upper Wing Fuel Tank Access Panel--Lightning Protection 
Electrical Design Features,'' which describes features to verify during 
installation of the upper fuel tank access panel.
    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

    We estimate that this AD affects 381 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Install new door assembly and check     12 work-hours x $85 per           $2,237          $3,257      $1,240,917
 electrical bond.                        hour = $1,020.
Revise maintenance or inspection        1 work-hour x $85 per                  0              85          32,385
 program.                                hour = $85.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes 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) Is not a ``significant rule'' under 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.

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):

2017-17-09 The Boeing Company: Amendment 39-18999; Docket No. FAA-
2017-0128; Product Identifier 2016-NM-194-AD.

[[Page 40479]]

(a) Effective Date

    This AD is effective September 29, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-300, -400, 
and -500 series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a manufacturer's review that showed that 
the fuel tank access door at wing buttock line 191.00 did not have 
an engineered ground path with the mating wing structure. We are 
issuing this AD to prevent an ungrounded path that could result in 
an increased risk of ignition and subsequent fuel tank explosion in 
the event of a lightning strike.

(f) Compliance

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

(g) New Door Assembly, Electrical Bond Check, and Related Corrective 
Actions

    Within 36 months after the effective date of this AD: Install a 
new door assembly, do a check of the electrical bond, and do all 
applicable related investigative and corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 737-57-1320, dated October 7, 2016, except as required by 
paragraph (i) of this AD. Do all applicable related investigative 
and corrective actions before further flight.

(h) Revise the Maintenance or Inspection Program

    Prior to or concurrently with accomplishment of the actions 
required by paragraph (g) of this AD, or within 30 days after the 
effective date of this AD, whichever occurs later: Revise the 
maintenance or inspection program, as applicable, to incorporate 
Airworthiness Limitation 28-AWL-30, ``Upper Wing Fuel Tank Access 
Panel--Lightning Protection Electrical Design Features,'' as 
specified in Boeing 737-100/200/200C/300/400/500 Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements (CMRs) 
D6-38278-CMR, dated May 2016.

(i) Service Information Exception

    Where Boeing Service Bulletin 737-57-1320, dated October 7, 
2016, specifies to contact Boeing for repair instructions, and 
specifies that action as Required for Compliance (RC), this AD 
requires repair using a method approved in accordance with the 
procedures specified in paragraph (j) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your 
request to your principal inspector or local Flight Standards 
District Office, as appropriate. If sending information directly to 
the manager of the certification office, send it to the attention of 
the person identified in paragraph (k) 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 Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Los Angeles ACO Branch, 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 required by paragraph (i) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (j)(4)(i) and 
(j)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(k) 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].

(l) 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 Service Bulletin 737-57-1320, dated October 7, 2016.
    (ii) Boeing 737-100/200/200C/300/400/500 Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements (CMRs) 
D6-38278-CMR, dated May 2016.
    (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, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 9, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-17399 Filed 8-24-17; 8:45 am]
 BILLING CODE 4910-13-P