[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Rules and Regulations]
[Pages 67176-67179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26399]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0440; Product Identifier 2019-NM-032-AD; Amendment
39-19806; AD 2019-23-12]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 737-300, -400, and -500 series airplanes. This
AD was prompted by fuel system reviews conducted by the manufacturer.
This AD requires applying sealant to the fasteners in the fuel tanks,
replacing wire bundle clamps external to the fuel tanks, and installing
Teflon sleeving under the clamps. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective January 13, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 13,
2020.
ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0440.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0440; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5254; fax: 562-627-
5210; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all The Boeing Company
Model 737-300, -400, and -500 series airplanes. The NPRM published in
the Federal Register on June 25, 2019 (84 FR 29815). The NPRM was
prompted by fuel system reviews conducted by the manufacturer as
required by Special Federal Aviation Regulation No. 88 (``SFAR 88'') to
14 CFR part 21, to ensure their fuel tank systems can prevent potential
ignition sources. Subsequently, SFAR 88 was amended by: Amendment 21-82
(67 FR 57490, September 10, 2002; corrected at 67 FR 70809, November
26, 2002), Amendment 21-83 (67 FR 72830, December 9, 2002; corrected at
68 FR 37735, June 25, 2003, to change ``21-82'' to ``21-83''), and
Amendment 21-101 (83 FR 9162, March 5, 2018). The NPRM proposed to
require applying sealant to the fasteners in the fuel tanks, replacing
wire bundle clamps external to the fuel tanks, and installing Teflon
sleeving under the clamps.
The FAA is issuing this AD to address potential ignition sources
inside the fuel tank, which, in combination with flammable vapors,
could result in a fuel tank fire or explosion, and consequent loss of
the airplane.
[[Page 67177]]
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Support for the NPRM
Boeing concurred with the content of the NPRM.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that accomplishing Supplemental
Type Certificate (STC) ST01219SE does not affect compliance with the
proposed actions.
The FAA agrees with the commenter. Paragraph (c) of the proposed AD
has been redesignated as paragraph (c)(1) of this AD, and paragraph
(c)(2) has been added to this AD to state that installation of STC
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.
Request To Allow the Use of Later Revisions of Service Information
Commenter John Straiton asked that the FAA include a statement in
the compliance requirements of the proposed AD allowing the use of
later revisions of Boeing Alert Service Bulletin 737-57A1321, dated
February 8, 2019. The commenter stated that adding this statement would
ensure that operators are promptly in compliance with their obligation
to ensure that all maintenance is certified to the latest approved
version of the maintenance data. The commenter also stated that adding
this statement will also remove the requirement to wait for the AD to
be revised to reflect the revision in the service information, and to
contact the appropriate original equipment manufacturer or STC holder
to issue an AMOC to approve the use of the revised service information.
The commenter noted that this would reduce the delay in implementing
the revision and would reduce the maintenance costs associated with the
issuance of an AMOC. The commenter concluded that the European Union
Aviation Safety Agency, which is the Technical Agent for the Member
States of the European Union, already incorporates the ``or later
revision'' statement in any AD issued by them, so this will demonstrate
a further harmonization of regulatory control.
The FAA does not agree with the commenter's request to allow the
use of later revisions of the service information. The FAA may not
refer to any document that does not yet exist in an AD. In general
terms, the FAA is required by Office of the Federal Register (OFR)
regulations for approval of materials incorporated by reference, as
specified in 1 CFR 51.1(f), to either publish the service document
contents as part of the actual AD language; or submit the service
documents to the OFR for approval as referenced material, in which case
the FAA may only refer to such material in the text of an AD. The AD
may refer to the service document only if the OFR approved it for
incorporation by reference. See 1 CFR part 51. To allow operators to
use later revisions of the referenced document (issued after
publication of the final rule), either the FAA must revise the AD to
reference specific later revisions, or operators must request approval
to use later revisions as an AMOC to this AD under the provisions of
paragraph (i)(1) of this AD. The FAA has not revised this AD regarding
this issue.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin 737-57A1321, dated
February 8, 2019. This service information describes procedures for
applying sealant to the fasteners in the fuel tanks at the wing rear
spars, front spars, and upper wing rib shear ties. This service
information also describes procedures for replacing wire bundle clamps
external to the fuel tanks and installing Teflon sleeving under the
clamps at locations along the wing rear spars, front spars, forward
cargo compartment station 540 bulkhead, and main wheel well station 663
bulkhead. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 268 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Apply sealant, replace clamps, Up to 516 Up to $200..................... Up to $44,060................. Up to $11,808,080.
install Teflon sleeving. work[dash]hours x
$85 per hour =
$43,860.
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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.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service,
[[Page 67178]]
as authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2019-23-12 The Boeing Company: Amendment 39-19806; Docket No. FAA-
2019-0440; Product Identifier 2019-NM-032-AD.
(a) Effective Date
This AD is effective January 13, 2020.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to all The Boeing Company Model 737-300, -
400, and -500 series airplanes, certificated in any category.
(2) Installation of Supplemental Type Certificate (STC)
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by fuel system reviews conducted by the
manufacturer to ensure their fuel tank systems can prevent potential
ignition sources. The FAA is issuing this AD to address potential
ignition sources inside the fuel tank, which, in combination with
flammable vapors, could result in a fuel tank fire or explosion, and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Apply Sealant, Replace Clamps, and Install Teflon Sleeving
Except as specified in paragraph (h) of this AD: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1321, dated February 8, 2019, do all applicable actions
identified as ``RC'' (required for compliance) in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-57A1321, dated February 8, 2019.
(h) Exceptions to Service Information Specifications
(1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Service Bulletin 737-57A1321, dated
February 8, 2019, uses the phrase ``the original issue date of this
service bulletin,'' this AD requires using ``the effective date of
this AD.''
(2) Where Boeing Alert Service Bulletin 737-57A1321, dated
February 8, 2019, specifies contacting Boeing: This AD requires
doing actions using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (j) of this AD. Information may
be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
(4) Except as specified by paragraph (h)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (i)(4)(i) and (ii)
of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(j) Related Information
For more information about this AD, contact Serj Harutunian,
Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5254; fax: 562-627-5210; email: [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 737-57A1321, dated February 8,
2019.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: https://
[[Page 67179]]
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on November 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-26399 Filed 12-6-19; 8:45 am]
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