[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Proposed Rules]
[Pages 60347-60349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21398]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1068; Project Identifier AD-2022-00358-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, and 
certain Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes. This proposed AD was prompted by reports of damage to the 
auxiliary power unit (APU) fuel line shroud located in the aft cargo 
area; investigation revealed that the placement of the pressure switch 
wire clamp assembly and its fastener allowed interference of the 
fastener against the APU fuel line shroud. This proposed AD would 
require inspecting the APU fuel line shroud for damage, inspecting the 
pressure switch wire clamp for correct bolt orientation and horizontal 
distance from the APU fuel line shroud, and applicable on-condition 
actions. 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 November 
21, 2022.

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 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 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 at regulations.gov by searching 
for and locating Docket No. FAA-2022-1068.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1068; 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: 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-2022-1068; Project Identifier 
AD-2022-00358-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 all comments received by the closing date and may amend 
this 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 
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: 206-231-3552; email: 
[email protected]. Any commentary that the FAA receives that 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Background

    The FAA has received reports of damage to the APU fuel line shroud 
located in the aft cargo area of certain models of the subject 
airplanes. FAA and manufacturer investigation revealed that the 
placement of the pressure switch wire clamp assembly and its fastener 
allowed interference of the fastener against the APU fuel line shroud. 
This condition, if not addressed, could result in a damaged APU fuel 
line shroud and consequent failure of the APU fuel hose, which could 
result in a flammable fluid leak in an ignition zone.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletins 737-38A1072 RB 
and 737-38A1073 RB, both dated February 25, 2022. This service 
information specifies procedures for a general visual inspection of the 
APU fuel line shroud in the area within 3 inches of the fastener of the 
pressure switch wire clamp for any damage (any crack or hole, any 
damage that exposes bare metal on the APU fuel line shroud,

[[Page 60348]]

and any dent damage found that decreases the outside diameter of the 
shroud by more than 0.031 inch); a detailed inspection of the pressure 
switch wire clamp to determine if the fastener of the pressure switch 
wire clamp is installed with the bolt head on top and the nut on the 
bottom, and that there is a minimum 1.5 inches of horizontal separation 
between the fastener of the pressure switch wire clamp and the APU fuel 
line shroud, and applicable on-condition actions. On-condition actions 
include replacing the existing APU fuel line shroud with a new or 
repaired shroud; repairing any damage to the APU fuel line shroud; re-
installing the fastener of the pressure switch wire clamp with the bolt 
head on top and the nut on the bottom; and re-installing the pressure 
switch wire clamp assembly to make sure there is 1.5 inches minimum of 
horizontal separation between the fastener of the pressure switch wire 
clamp and the APU fuel line shroud. These documents are distinct since 
they apply to different airplane models.
    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 ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described, 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 regulations.gov by searching for and 
locating Docket No. FAA-2022-1068.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,919 airplanes of U.S. registry. The FAA estimates 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
----------------------------------------------------------------------------------------------------------------
One-time Inspections..................  2 work-hours x $85 per                $0            $170        $326,230
                                         hour = $170.
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    The FAA estimates the following costs to do any necessary repairs, 
replacements, or re-installations that would be required based on the 
results of the proposed inspection. The agency has no way of 
determining the number of aircraft that might need these repairs, 
replacements, or re-installations:

                                               On-Condition Costs
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              Action                     Labor cost               Parts cost               Cost per  product
----------------------------------------------------------------------------------------------------------------
Repair............................  Up to 3 work-hours x  $0........................  Up to $255.
                                     $85 per hour = Up
                                     to $255.
Replacement (includes re-           Up to 300 work-hours  Up to $8,158..............  Up to $33,658.
 installation).                      x $85 per hour = Up
                                     to $25,500.
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    The FAA has included all known costs in its 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.

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-2022-1068; Project Identifier AD-
2022-00358-T.

[[Page 60349]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 21, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes identified in 
paragraphs (c)(1) and (2) of this AD, certificated in any category.
    (1) Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes, as identified in Boeing Alert Requirements Bulletin 737-
38A1072 RB, dated February 25, 2022.
    (2) Model 737-8 and 737-9 airplanes, as identified in Boeing 
Alert Requirements Bulletin 737-38A1073 RB, dated February 25, 2022.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of damage to the auxiliary power 
unit (APU) fuel line shroud located in the aft cargo area; 
investigation revealed that the placement of the pressure switch 
wire clamp assembly and the fastener allowed interference of the 
fastener against the APU fuel line shroud. The FAA is issuing this 
AD to address interference of the fastener against the APU fuel line 
shroud, possibly resulting in a damaged APU fuel line shroud and 
consequent failure of the APU fuel hose, which could result in a 
flammable fluid leak in an ignition zone.

(f) Compliance

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

(g) Required Actions

    (1) For the airplanes identified in paragraph (c)(1) of this AD, 
except as specified by paragraph (h) of this AD: At the applicable 
times specified in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 737-38A1072 RB, dated February 25, 2022, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
737-38A1072 RB, dated February 25, 2022.
    Note 1 to paragraph (g)(1): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin 737-38A1072, dated February 25, 2022, which is referred to 
in Boeing Alert Requirements Bulletin 737-38A1072 RB, dated February 
25, 2022.
    (2) For the airplanes identified in paragraph (c)(2) of this AD, 
except as specified by paragraph (h) of this AD: At the applicable 
times specified in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 737-38A1073 RB, dated February 25, 2022, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
737-38A1073 RB, dated February 25, 2022.
    Note 2 to paragraph (g)(2): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin 737-38A1073, dated February 25, 2022, which is referred to 
in Boeing Alert Requirements Bulletin 737-38A1073 RB, dated February 
25, 2022.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraphs of Boeing Alert Requirements Bulletin 737-
38A1072 RB, dated February 25, 2022, use the phrase ``the original 
issue date of Requirements Bulletin 737-38A1072 RB,'' this AD 
requires using ``the effective date of this AD.''
    (2) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraphs of Boeing Alert Requirements Bulletin 737-
38A1073 RB, dated February 25, 2022, use the phrase ``the original 
issue date of Requirements Bulletin 737-38A1073 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: 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 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 August 30, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-21398 Filed 10-4-22; 8:45 am]
BILLING CODE 4910-13-P