[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Proposed Rules]
[Pages 17324-17326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06726]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0017; Project Identifier AD-2020-01186-T]
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: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 737-8 and 737-9 airplanes. This
proposed AD was prompted by a report that during refueling of the right
main tank, if there is a failure of the automatic shutoff system, the
refueling panel does not provide the required indication that the
automatic shutoff has failed. This proposed AD would require installing
a new fuel quantity processor unit (FQPU) and doing a FQPU software
check. The FAA is proposing this AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments on this proposed AD by May 17,
2021.
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 https://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 NPRM, 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 referenced 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0017.
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-2021-
0017; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.
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:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0017; Project Identifier
AD-2020-01186-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider
[[Page 17325]]
all comments received by the closing date and may amend the proposal
because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to 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]. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
Background
During refueling, the automatic shutoff system is supposed to close
the refuel valve when the fuel tank is full. If the automatic shutoff
system fails, the refuel indicator on the refuel panel should flash to
indicate the failure and alert the person refueling the airplane. The
FAA has received a report indicating that on The Boeing Company Model
737-8 and 737-9 airplanes, during refueling of the right main tank, if
there is a failure of the automatic shutoff system, the refueling panel
does not provide the required flashing indication to the person fueling
the airplane that the automatic shutoff has failed to shut off the
fuel. This is a result of the flashing threshold in the FQPU not being
set at the correct fuel level. This condition, if not addressed, could
result in overfill of the right main fuel tank, spilled fuel, and
pooling on the ground that could come in contact with an ignition
source, resulting in a ground fire.
Related Service Information Under 1 CFR part 51
The FAA reviewed Boeing Special Attention Requirements Bulletin
737-28-1363 RB, dated June 2, 2020. The service information specifies
procedures for replacing the FQPU having an incorrect indication
threshold with a FQPU with part number 30128-06 or 30128-58, as
applicable, or a FQPU with a later-approved part number, and doing a
FQPU software check.
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.
FAA's Determination
The FAA is issuing this NPRM after determining the unsafe condition
described previously is likely to exist or develop in other products of
the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions identified
in Boeing Special Attention Requirements Bulletin 737-28-1363 RB, dated
June 2, 2020, described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0017.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affects 66 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Installation and software check..... 3 work-hour x $85 per $0 $255 $16,830
hour = $255.
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The FAA has included all known costs in this cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed 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
The FAA 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
[[Page 17326]]
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 adding the following new airworthiness
directive:
The Boeing Company: Docket No. FAA-2021-0017; Project Identifier AD-
2020-01186-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 17, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-8 and 737-9
airplanes, certificated in any category, as identified in Boeing
Special Attention Requirements Bulletin 737-28-1363 RB, dated June
2, 2020.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by a report that during refueling of the
right main tank, if there is a failure of the automatic shutoff
system, the refueling panel does not provide the required flashing
indication that the automatic shutoff has failed to shut off the
fuel. The FAA is issuing this AD to address this indication failure
to warn the person fueling the airplane, which could cause overfill
of the right main tank, spilled fuel, and pooling on the ground that
could come in contact with an ignition source, resulting in a ground
fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD, at the
applicable times specified in the ``Compliance'' paragraph of Boeing
Special Attention Requirements Bulletin 737-28-1363 RB, dated June
2, 2020, do all applicable actions identified in, and in accordance
with, the Accomplishment Instructions of Boeing Special Attention
Requirements Bulletin 737-28-1363 RB, dated June 2, 2020.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Special Attention Service
Bulletin 737-28-1363, dated June 2, 2020, which is referred to in
Boeing Special Attention Requirements Bulletin 737-28-1363 RB, dated
June 2, 2020.
(h) Exception to Service Information Specifications
Where Boeing Special Attention Requirements Bulletin 737-28-1363
RB, dated June 2, 2020, uses the phrase ``the Original Issue date of
Requirements Bulletin 737-28-1363 RB,'' this AD requires using ``the
effective date of this AD.''
(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.
(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) 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. You may view this referenced 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.
Issued on January 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-06726 Filed 4-1-21; 8:45 am]
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