81 FR 78711 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 217 (November 9, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 217 (November 9, 2016)
| Page Range | 78711-78714 | |
| FR Document | 2016-26163 |
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)] [Rules and Regulations] [Pages 78711-78714] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26163] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-0462; Directorate Identifier 2015-NM-144-AD; Amendment 39-18703; AD 2016-22-14] 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 certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by a report of wire chafing damage, which caused an electrical arc to an adjacent hydraulic tube located on the forward bulkhead of the main landing gear (MLG) wheel well, resulting in a hole in a hydraulic tube and consequent total loss of system B hydraulic fluid. This AD requires an inspection for chafing damage of wire bundles and a hydraulic tube in the right side of the MLG wheel well, and corrective action if necessary; and installation of clamps between the wire bundles and hydraulic tube. We are issuing this AD to prevent chafing damage, which could result in electrical arcing that can cause a hole in the hydraulic tube and consequent loss of hydraulic fluid, possibly resulting in a fire in the MLG wheel well. DATES: This AD is effective December 14, 2016. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 14, 2016. 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 referenced service information at the FAA, Transport Airplane Directorate, 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-2016- 0462. 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-2016- 0462; 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 AD, 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: Sean J. Schauer, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA. 98057- 3356; phone: 425-917-6479; fax: 425-917-6590; 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 certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. The NPRM published in the Federal Register on February 8, 2016 (81 FR 6475) (``the NPRM''). The NPRM was prompted by a report of wire chafing damage, which caused an electrical arc to an adjacent hydraulic tube located on the forward bulkhead of the MLG wheel well, resulting in a hole in a hydraulic tube and consequent total loss of system B hydraulic fluid. The NPRM proposed to require an inspection for chafing damage of wire bundles and a hydraulic tube in the right side of the MLG wheel well, and corrective action if necessary; and installation of clamps between the wire bundles and hydraulic tube. We are issuing this AD to prevent chafing damage, which could result in electrical arcing that can cause a hole in the hydraulic tube and consequent loss of hydraulic fluid, possibly resulting in a fire in the MLG wheel well. 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 and an anonymous commenter supported the NPRM. Request for Clarification The European Aviation Safety Agency (EASA) requested that we respond to the following questions.EASA stated that the NPRM looks very similar to AD 2013- 19-03, Amendment 39-17585 (78 FR 59798, September 30, 2013) (``AD 2013- 19-03''). EASA asked if there is a more fundamental problem with wiring harnesses in the landing gear bay in the Model 737 fleet. We agree that the unsafe conditions identified in this AD and in AD 2013-19-03 are similar; however, the reasons for the unsafe conditions, and the associated corrective actions in these ADs, differ. This difference is due to the occurrence of wire chafing in different locations in the landing gear bay. The underlying issue is limited space for the electrical system routing in the landing gear bay. EASA asked whether there is sufficient accessibility to inspect the affected area. We have determined that there is sufficient space to inspect the landing gear bay. EASA asked why the spacer is only an optional action. The source of service information that we reference in this AD, Boeing Alert Service Bulletin 737-29A1119, Revision 1, dated June 23, 2016 (``ASB 737-29A1119 R1''), specifies that the spacer addition is optional for cases where additional spacing is needed to allow adequate clearance. EASA asked what measures have been put in place to ensure the safety of [[Page 78712]] the fleet, pending the proposed inspection. We consider that the standard operational procedures that are in place regarding loss of system B hydraulic pressure or a wheel well fire to be adequate to ensure the safety of the fleet, pending the completion of the actions required in this AD. EASA asked if the wire chafing issue is one of design with regulations, or non-compliance of the product with the design data. We have determined that the issue is due to nonconformance to the design data. No changes to the final rule are necessary in regard to the questions asked by EASA. Requests To Reference New Service Information All Nippon Airways (ANA), Boeing, Japan Airlines, Qantas Airways, Southwest Airlines, and United Airlines (UA) requested that we reference Boeing Service Bulletin Information Notice 737-29A1119 IN 01, dated August 25, 2015; and Boeing Service Bulletin Information Notice 737-29A1119 IN 02, dated November 02, 2015; and new service information ASB 737-29A1119 R1. ANA commented that Boeing will not ship the top kits of needed parts until the release of ASB 737-29A1119 R1. UA requested that ASB 737-29A1119 R1 incorporate the Required for Compliance (RC) format. We agree with the commenters' requests to incorporate ASB 737- 29A1119 R1 as an appropriate source of service information. This service information incorporates the revisions in the Boeing information notices referenced by the commenters. In ASB 737-29A1119 R1, the part number of the subject wiring harness clamp has been corrected, the work instructions have been rewritten to improve operator usability, and the RC steps have been added. We have revised paragraphs (c), (g)(1), and (g)(2) of this AD to specify ASB 737- 29A1119 R1. We have added a new paragraph (h) to this AD to give credit for actions done prior to the effective date of this AD using Boeing Alert Service Bulletin 737-29A1119, dated August 4, 2015, and redesignated subsequent paragraphs accordingly. We have also added new paragraph (i)(4) to this AD to address the RC language specified in ASB 737-29A1119 R1. Request To Revise Paragraph (g) of the Proposed AD One commenter, Evki Meto, requested that we revise paragraph (g)(1) of the proposed AD, which proposed inspecting for chafing damage. The commenter requested that we expand the inspection to look for any damage. No reason was provided by the commenter. We disagree with the commenter's request. We have determined that the inspection in paragraph (g) of this AD should emphasize chafing damage, as that damage relates to the unsafe condition being addressed by this AD. We have not changed this AD in this regard. Request To Revise Compliance Time KLM Royal Dutch Airlines (KLM) requested that we revise the 24- month compliance time to 30 months. KLM stated that it intends to do the modification during C-check maintenance, but will not be able to comply without impact to its maintenance program with the 24-month compliance time due to its C-check maintenance interval, which is 30 months. We do not agree with the commenter's request. In developing an appropriate compliance time, we considered the safety implications, parts availability, and normal maintenance schedules for timely accomplishment of the required actions. Further, we arrived at the compliance time with manufacturer concurrence. In consideration of all of these factors, we determined that the compliance time of 24 months represents an appropriate interval in which the inspections can be done in a timely manner within the fleet, while still maintaining an adequate level of safety. Under the provisions of paragraph (i) of this AD, however, we will consider requests for approval of an alternative compliance time if sufficient data are submitted to substantiate that an alternate compliance time would provide an acceptable level of safety. We have not changed this AD in this regard. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that the installation of winglets per Supplemental Type Certificate (STC) ST00830SE does not affect the accomplishment of the manufacturer's service instructions. We agree with the commenter that STC ST00830SE does not affect the accomplishment of the manufacturer's service instructions. Therefore, the installation of STC ST00830SE 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 AD 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 AD. Related Service Information Under 1 CFR Part 51 We reviewed ASB 737-29A1119 R1. The service information describes procedures for doing an inspection for chafing damage of the wire bundles and hydraulic tube in the right side of the MLG wheel well, corrective actions, and installation of clamps and an optional spacer between the wire bundles and hydraulic tube. 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 1,270 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 ---------------------------------------------------------------------------------------------------------------- Inspection and Installation.... 2 work-hours x $85 per hour $9 $179 $227,330 = $170. ---------------------------------------------------------------------------------------------------------------- [[Page 78713]] We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD. 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 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): 2016-22-14 The Boeing Company: Amendment 39-18703; Docket No. FAA- 2016-0462; Directorate Identifier 2015-NM-144-AD. (a) Effective Date This AD is effective December 14, 2016. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 737-600, 737-700, 737-700C, 737-800, 737-900, and 737-900ER series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 737-29A1119, Revision 1, dated June 23, 2016 (``ASB 737- 29A1119 R1''). (d) Subject Air Transport Association (ATA) of America Code 29, Hydraulic power. (e) Unsafe Condition This AD was prompted by a report of wire chafing damage, which caused an electrical arc to an adjacent hydraulic tube located on the forward bulkhead of the main landing gear (MLG) wheel well, resulting in a hole in a hydraulic tube and consequent total loss of system B hydraulic fluid. We are issuing this AD to prevent chafing damage, which could result in electrical arcing that can cause a hole in the hydraulic tube and consequent loss of hydraulic fluid, possibly resulting in a fire in the MLG wheel well. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection and Corrective Action and Clamp Installation Within 24 months after the effective date of this AD: Do the actions specified in paragraphs (g)(1) and (g)(2) of this AD. (1) Do a detailed inspection for chafing damage of the wire bundles and hydraulic tube in the right side of the MLG wheel well, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of ASB 737-29A1119 R1. Do all applicable corrective actions before further flight. (2) Install new clamps and an optional spacer between the wire bundles and hydraulic tube in the right side of the MLG wheel well, in accordance with the Accomplishment Instructions of ASB 737- 29A1119 R1. (h) Credit for Previous Actions This paragraph provides credit for the actions specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 737- 29A1119, dated August 4, 2015. This service information is not incorporated by reference in this AD. (i) 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 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 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, Seattle ACO, 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) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (i)(4)(i) and (i)(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. (j) Related Information (1) For more information about this AD, contact Sean J. Schauer, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6479; fax: 425-917-6590; email: [email protected]. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (k)(3) and (k)(4) of this AD. [[Page 78714]] (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 737-29A1119, Revision 1, dated June 23, 2016. (ii) Reserved. (3) For Boeing 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 FAA, Transport Airplane Directorate, 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 October 25, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-26163 Filed 11-8-16; 8:45 am] BILLING CODE 4910-13-P
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contact Diamond Aircraft Industries GmbH, DATES: This AD is effective December well, resulting in a hole in a hydraulic
N.A. Otto-Stra+e 5, A–2700 Wiener Neustadt, 14, 2016. tube and consequent total loss of system
Austria, telephone: +43 2622 26700; fax: +43 The Director of the Federal Register B hydraulic fluid. The NPRM proposed
2622 26780; email: office@diamond-air.at;
approved the incorporation by reference to require an inspection for chafing
Internet: http://www.diamondaircraft.com.
(4) You may view this service information of a certain publication listed in this AD damage of wire bundles and a hydraulic
at the FAA, Small Airplane Directorate, 901 as of December 14, 2016. tube in the right side of the MLG wheel
Locust, Kansas City, Missouri 64106. For ADDRESSES: For service information well, and corrective action if necessary;
information on the availability of this identified in this final rule, contact and installation of clamps between the
material at the FAA, call (816) 329–4148. It Boeing Commercial Airplanes, wire bundles and hydraulic tube. We
is also available on the Internet at http:// are issuing this AD to prevent chafing
Attention: Contractual & Data Services
www.regulations.gov by searching for
(C&DS), 2600 Westminster Blvd., MC damage, which could result in electrical
locating Docket No. FAA–2016–9369.
(5) You may view this service information 110–SK57, Seal Beach, CA 90740–5600; arcing that can cause a hole in the
that is incorporated by reference at the telephone 562–797–1717; Internet hydraulic tube and consequent loss of
National Archives and Records https://www.myboeingfleet.com. You hydraulic fluid, possibly resulting in a
Administration (NARA). For information on may view this referenced service fire in the MLG wheel well.
the availability of this material at NARA, call information at the FAA, Transport
202–741–6030, or go to: http:// Comments
Airplane Directorate, 1601 Lind Avenue
www.archives.gov/federal-register/cfr/ibr- We gave the public the opportunity to
locations.html. SW., Renton, WA. For information on
the availability of this material at the participate in developing this AD. The
Issued in Kansas City, Missouri, on FAA, call 425–227–1221. It is also following presents the comments
October 31, 2016. received on the NPRM and the FAA’s
available on the Internet at http://
Pat Mullen, www.regulations.gov by searching for response to each comment.
Acting Manager, Small Airplane Directorate, and locating Docket No. FAA–2016–
Aircraft Certification Service. Support for the NPRM
0462.
[FR Doc. 2016–26808 Filed 11–8–16; 8:45 am] The Air Line Pilots Association,
BILLING CODE 4910–13–P Examining the AD Docket International and an anonymous
You may examine the AD docket on commenter supported the NPRM.
the Internet at http:// Request for Clarification
DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for
and locating Docket No. FAA–2016– The European Aviation Safety Agency
Federal Aviation Administration (EASA) requested that we respond to
0462; or in person at the Docket
Management Facility between 9 a.m. the following questions.
14 CFR Part 39 • EASA stated that the NPRM looks
and 5 p.m., Monday through Friday,
very similar to AD 2013–19–03,
[Docket No. FAA–2016–0462; Directorate except Federal holidays. The AD docket
Identifier 2015–NM–144–AD; Amendment Amendment 39–17585 (78 FR 59798,
contains this AD, the regulatory
39–18703; AD 2016–22–14] September 30, 2013) (‘‘AD 2013–19–
evaluation, any comments received, and
03’’). EASA asked if there is a more
RIN 2120–AA64 other information. The address for the
fundamental problem with wiring
Docket Office (phone: 800–647–5527) is
Airworthiness Directives; The Boeing harnesses in the landing gear bay in the
Docket Management Facility, U.S.
Company Airplanes Model 737 fleet.
Department of Transportation, Docket
We agree that the unsafe conditions
Operations, M–30, West Building
AGENCY: Federal Aviation identified in this AD and in AD 2013–
Ground Floor, Room W12–140, 1200
Administration (FAA), DOT. 19–03 are similar; however, the reasons
New Jersey Avenue SE., Washington,
ACTION: Final rule. for the unsafe conditions, and the
DC 20590.
associated corrective actions in these
SUMMARY: We are adopting a new FOR FURTHER INFORMATION CONTACT: ADs, differ. This difference is due to the
airworthiness directive (AD) for certain Sean J. Schauer, Aerospace Engineer, occurrence of wire chafing in different
The Boeing Company Model 737–600, Systems and Equipment Branch, ANM– locations in the landing gear bay. The
–700, –700C, –800, –900, and –900ER 130S, FAA, Seattle Aircraft Certification underlying issue is limited space for the
series airplanes. This AD was prompted Office (ACO), 1601 Lind Avenue SW., electrical system routing in the landing
by a report of wire chafing damage, Renton, WA. 98057–3356; phone: 425– gear bay.
which caused an electrical arc to an 917–6479; fax: 425–917–6590; email: • EASA asked whether there is
adjacent hydraulic tube located on the sean.schauer@faa.gov. sufficient accessibility to inspect the
forward bulkhead of the main landing SUPPLEMENTARY INFORMATION: affected area.
gear (MLG) wheel well, resulting in a We have determined that there is
hole in a hydraulic tube and consequent Discussion
sufficient space to inspect the landing
total loss of system B hydraulic fluid. We issued a notice of proposed gear bay.
This AD requires an inspection for rulemaking (NPRM) to amend 14 CFR • EASA asked why the spacer is only
chafing damage of wire bundles and a part 39 by adding an AD that would an optional action.
hydraulic tube in the right side of the apply to certain The Boeing Company The source of service information that
MLG wheel well, and corrective action Model 737–600, –700, –700C, –800, we reference in this AD, Boeing Alert
if necessary; and installation of clamps –900, and –900ER series airplanes. The Service Bulletin 737–29A1119, Revision
jstallworth on DSK7TPTVN1PROD with RULES
between the wire bundles and hydraulic NPRM published in the Federal 1, dated June 23, 2016 (‘‘ASB 737–
tube. We are issuing this AD to prevent Register on February 8, 2016 (81 FR 29A1119 R1’’), specifies that the spacer
chafing damage, which could result in 6475) (‘‘the NPRM’’). The NPRM was addition is optional for cases where
electrical arcing that can cause a hole in prompted by a report of wire chafing additional spacing is needed to allow
the hydraulic tube and consequent loss damage, which caused an electrical arc adequate clearance.
of hydraulic fluid, possibly resulting in to an adjacent hydraulic tube located on • EASA asked what measures have
a fire in the MLG wheel well. the forward bulkhead of the MLG wheel been put in place to ensure the safety of
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We have received no definitive data PART 39—AIRWORTHINESS (h) Credit for Previous Actions
that would enable us to provide cost DIRECTIVES This paragraph provides credit for the
estimates for the on-condition actions actions specified in paragraph (g) of this AD,
specified in this AD. ■ 1. The authority citation for part 39 if those actions were performed before the
effective date of this AD using Boeing Alert
Authority for This Rulemaking continues to read as follows: Service Bulletin 737–29A1119, dated August
Authority: 49 U.S.C. 106(g), 40113, 44701. 4, 2015. This service information is not
Title 49 of the United States Code incorporated by reference in this AD.
specifies the FAA’s authority to issue § 39.13 [Amended]
(i) Alternative Methods of Compliance
rules on aviation safety. Subtitle I, (AMOCs)
■ 2. The FAA amends § 39.13 by adding
section 106, describes the authority of
the following new airworthiness (1) The Manager, Seattle Aircraft
the FAA Administrator. Subtitle VII: Certification Office (ACO), FAA, has the
directive (AD):
Aviation Programs, describes in more authority to approve AMOCs for this AD, if
detail the scope of the Agency’s 2016–22–14 The Boeing Company: requested using the procedures found in 14
authority. Amendment 39–18703; Docket No. CFR 39.19. In accordance with 14 CFR 39.19,
FAA–2016–0462; Directorate Identifier send your request to your principal inspector
We are issuing this rulemaking under 2015–NM–144–AD. or local Flight Standards District Office, as
the authority described in Subtitle VII, appropriate. If sending information directly
Part A, Subpart III, Section 44701: (a) Effective Date
to the manager of the ACO, send it to the
‘‘General requirements.’’ Under that This AD is effective December 14, 2016. attention of the person identified in
section, Congress charges the FAA with (b) Affected ADs paragraph (j)(1) of this AD. Information may
promoting safe flight of civil aircraft in be emailed to: 9-ANM-Seattle-ACO-AMOC-
None. Requests@faa.gov.
air commerce by prescribing regulations
for practices, methods, and procedures (c) Applicability (2) Before using any approved AMOC,
the Administrator finds necessary for notify your appropriate principal inspector,
This AD applies to The Boeing Company or lacking a principal inspector, the manager
safety in air commerce. This regulation Model 737–600, 737–700, 737–700C, 737– of the local flight standards district office/
is within the scope of that authority 800, 737–900, and 737–900ER series certificate holding district office.
because it addresses an unsafe condition airplanes, certificated in any category, as (3) An AMOC that provides an acceptable
that is likely to exist or develop on identified in Boeing Alert Service Bulletin level of safety may be used for any repair,
products identified in this rulemaking 737–29A1119, Revision 1, dated June 23, modification, or alteration required by this
action. 2016 (‘‘ASB 737–29A1119 R1’’). AD if it is approved by the Boeing
(d) Subject Commercial Airplanes Organization
Regulatory Findings Designation Authorization (ODA) that has
Air Transport Association (ATA) of been authorized by the Manager, Seattle
This AD will not have federalism America Code 29, Hydraulic power. ACO, to make those findings. To be
implications under Executive Order (e) Unsafe Condition approved, the repair method, modification
13132. This AD will not have a deviation, or alteration deviation must meet
substantial direct effect on the States, on This AD was prompted by a report of wire the certification basis of the airplane and the
chafing damage, which caused an electrical approval must specifically refer to this AD.
the relationship between the national arc to an adjacent hydraulic tube located on
government and the States, or on the (4) For service information that contains
the forward bulkhead of the main landing steps that are labeled as Required for
distribution of power and gear (MLG) wheel well, resulting in a hole in Compliance (RC), the provisions of
responsibilities among the various a hydraulic tube and consequent total loss of paragraphs (i)(4)(i) and (i)(4)(ii) of this AD
levels of government. system B hydraulic fluid. We are issuing this apply.
For the reasons discussed above, I AD to prevent chafing damage, which could (i) The steps labeled as RC, including
certify that this AD: result in electrical arcing that can cause a substeps under an RC step and any figures
hole in the hydraulic tube and consequent identified in an RC step, must be done to
(1) Is not a ‘‘significant regulatory loss of hydraulic fluid, possibly resulting in comply with the AD. If a step or substep is
action’’ under Executive Order 12866, a fire in the MLG wheel well. labeled ‘‘RC Exempt,’’ then the RC
(2) Is not a ‘‘significant rule’’ under requirement is removed from that step or
(f) Compliance
DOT Regulatory Policies and Procedures substep. An AMOC is required for any
Comply with this AD within the deviations to RC steps, including substeps
(44 FR 11034, February 26, 1979), compliance times specified, unless already and identified figures.
(3) Will not affect intrastate aviation done. (ii) Steps not labeled as RC may be
in Alaska, and (g) Inspection and Corrective Action and deviated from using accepted methods in
Clamp Installation accordance with the operator’s maintenance
(4) Will not have a significant or inspection program without obtaining
economic impact, positive or negative, Within 24 months after the effective date approval of an AMOC, provided the RC steps,
on a substantial number of small entities of this AD: Do the actions specified in including substeps and identified figures, can
under the criteria of the Regulatory paragraphs (g)(1) and (g)(2) of this AD. still be done as specified, and the airplane
Flexibility Act. (1) Do a detailed inspection for chafing can be put back in an airworthy condition.
damage of the wire bundles and hydraulic
List of Subjects in 14 CFR Part 39 tube in the right side of the MLG wheel well, (j) Related Information
and do all applicable corrective actions, in (1) For more information about this AD,
Air transportation, Aircraft, Aviation accordance with the Accomplishment contact Sean J. Schauer, Aerospace Engineer,
safety, Incorporation by reference, Instructions of ASB 737–29A1119 R1. Do all Systems and Equipment Branch, ANM–130S,
jstallworth on DSK7TPTVN1PROD with RULES
Safety. applicable corrective actions before further FAA, Seattle Aircraft Certification Office
flight. (ACO), 1601 Lind Avenue SW., Renton, WA
Adoption of the Amendment (2) Install new clamps and an optional 98057–3356; phone: 425–917–6479; fax: 425–
spacer between the wire bundles and 917–6590; email: sean.schauer@faa.gov.
Accordingly, under the authority hydraulic tube in the right side of the MLG (2) Service information identified in this
delegated to me by the Administrator, wheel well, in accordance with the AD that is not incorporated by reference is
the FAA amends 14 CFR part 39 as Accomplishment Instructions of ASB 737– available at the addresses specified in
follows: 29A1119 R1. paragraphs (k)(3) and (k)(4) of this AD.
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![78714 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations
(k) Material Incorporated by Reference DATES: The rule is effective November 9, waive the provisions of the
(1) The Director of the Federal Register 2016. Administrative Procedure Act requiring
approved the incorporation by reference FOR FURTHER INFORMATION CONTACT: prior notice and the opportunity for
(IBR) of the service information listed in this Nancy Kook, Regulatory Policy public comment because they are
paragraph under 5 U.S.C. 552(a) and 1 CFR unnecessary. This rule only updates
part 51.
Division, Bureau of Industry and
Security, Telephone: (202) 482–2440. legal authority citations. It clarifies
(2) You must use this service information
as applicable to do the actions required by SUPPLEMENTARY INFORMATION:
information and is non-discretionary.
this AD, unless the AD specifies otherwise. This rule does not alter any right,
(i) Boeing Alert Service Bulletin 737– Background obligation or prohibition that applies to
29A1119, Revision 1, dated June 23, 2016. The authority for parts 730 and 744 of any person under the EAR. Because
(ii) Reserved. the EAR rests, in part, on Executive these revisions are not substantive
(3) For Boeing service information changes, it is unnecessary to provide
Order 13224 of September 23, 2001—
identified in this AD, contact Boeing notice and opportunity for public
Commercial Airplanes, Attention: Blocking Property and Prohibiting
Transactions With Persons Who comment. In addition, the 30-day delay
Contractual & Data Services (C&DS), 2600
Westminster Blvd., MC 110–SK57, Seal Commit, Threaten To Commit, or in effectiveness otherwise required by 5
Beach, CA 90740–5600; telephone 562–797– Support Terrorism, 66 FR 49079, 3 CFR, U.S.C. 553(d) is not applicable because
1717; Internet https:// 2001 Comp., p. 786 and on annual this rule is not a substantive rule.
www.myboeingfleet.com. notices continuing the emergency Because neither the Administrative
(4) You may view this service information declared in that executive order. This Procedure Act nor any other law
at FAA, Transport Airplane Directorate, 1601 rule revises the authority paragraphs for requires that notice of proposed
Lind Avenue SW., Renton, WA. For rulemaking and an opportunity for
information on the availability of this
the affected parts of the EAR to cite the
most recent such notice, which the public comment be given for this rule,
material at the FAA, call 425–227–1221. the analytical requirements of the
(5) You may view this service information President signed on September 15, 2016.
that is incorporated by reference at the This rule is purely non-substantive Regulatory Flexibility Act (5 U.S.C. 601
National Archives and Records and makes no changes other than to et seq.) are not applicable. Accordingly,
Administration (NARA). For information on revise CFR authority paragraphs for the no Final Regulatory Flexibility Analysis
the availability of this material at NARA, call purpose of making the authority is required and none has been prepared.
202–741–6030, or go to: http:// citations current. It does not change the
www.archives.gov/federal-register/cfr/ibr-
List of Subjects
text of any section of the EAR, nor does
locations.html. 15 CFR Part 730
it alter any right, obligation or
Issued in Renton, Washington, on October prohibition that applies to any person Administrative practice and
25, 2016. under the EAR. procedure, Advisory committees,
Dionne Palermo, Exports, Reporting and recordkeeping
Acting Manager, Transport Airplane
Rulemaking Requirements
requirements, Strategic and critical
Directorate, Aircraft Certification Service. 1. Executive Orders 13563 and 12866 materials.
[FR Doc. 2016–26163 Filed 11–8–16; 8:45 am] direct agencies to assess all costs and
BILLING CODE 4910–13–P benefits of available regulatory 15 CFR Part 744
alternatives and, if regulation is Exports, Reporting and recordkeeping
necessary, to select regulatory requirements, Terrorism.
DEPARTMENT OF COMMERCE approaches that maximize net benefits Accordingly, parts 730 and 744 of the
(including potential economic, EAR (15 CFR parts 730–774) are
Bureau of Industry and Security environmental, public health and safety amended as follows:
effects, distributive impacts, and
15 CFR Parts 730 and 744 equity). This rule does not impose any PART 730—[AMENDED]
regulatory burden on the public and is
[Docket No. 161012953–6953–01]
consistent with the goals of Executive ■ 1. The authority citation for 15 CFR
RIN 0694–AH15 Order 13563. This rule has been part 730 is revised to read as follows:
determined to be not significant for Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
Updated Statements of Legal Authority purposes of Executive Order 12866. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
for the Export Administration 2. Notwithstanding any other 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note;
Regulations provision of law, no person is required 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42
to respond to, nor shall any person be U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C.
AGENCY: Bureau of Industry and
subject to a penalty for failure to comply 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
Security, Commerce. E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp.,
ACTION: Final rule. with, a collection of information subject
p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977
to the requirements of the Paperwork Comp., p. 133; E.O. 12058, 43 FR 20947, 3
SUMMARY: This rule updates the Code of Reduction Act of 1995 (44 U.S.C. 3501 CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR
Federal Regulations (CFR) legal et seq.) (PRA), unless that collection of 29783, 3 CFR, 1980 Comp., p. 256; E.O.
authority paragraphs in the Export information displays a currently valid 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
Administration Regulations (EAR) to Office of Management and Budget 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993
cite the most recent Presidential notice (OMB) Control Number. This rule does Comp., p. 179; E.O. 12918, 59 FR 28205, 3
continuing an emergency declared not involve any collection of CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR
jstallworth on DSK7TPTVN1PROD with RULES
pursuant to the International Emergency information. 59099, 3 CFR, 1994 Comp., p. 950; E.O.
Economic Powers Act. This is a non- 3. This rule does not contain policies 12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 12981, 60 FR 62981, 3 CFR, 1995
substantive rule that only updates with Federalism implications as that Comp., p. 419; E.O. 13020, 61 FR 54079, 3
authority paragraphs of the EAR. It does term is defined under Executive Order CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR
not alter any right, obligation or 13132. 58767, 3 CFR, 1996 Comp., p. 228; E.O.
prohibition that applies to any person 4. The Department finds that there is 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
under the EAR. good cause under 5 U.S.C. 553(b)(B) to 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
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Document Created: 2016-11-09 01:39:29
Document Modified: 2016-11-09 01:39:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective December 14, 2016. | |
| Contact | Sean J. Schauer, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA. 98057- 3356; phone: 425-917-6479; fax: 425-917-6590; email: [email protected] | |
| FR Citation | 81 FR 78711 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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