82 FR 37549 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 154 (August 11, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 154 (August 11, 2017)
| Page Range | 37549-37554 | |
| FR Document | 2017-16357 |
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)] [Proposed Rules] [Pages 37549-37554] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16357] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9523; Product Identifier 2016-NM-134-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. ----------------------------------------------------------------------- SUMMARY: We are revising an earlier notice of proposed rulemaking (NPRM) to supersede Airworthiness Directive (AD) 2014-12-13, which applies to all The Boeing Company Model 737-100, -200, -200C, -300, - 400, and -500 series airplanes. This action revises the NPRM by expanding the inspection area. This action also revises the NPRM by no longer proposing to supersede AD 2014-12-13. We are proposing this AD to address the unsafe condition on these products. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes. DATES: The comment period for the NPRM published in the Federal Register on January 5, 2017 (82 FR 1254), is reopened. We must receive comments on this SNPRM by September 5, 2017. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: [[Page 37550]]Federal eRulemaking Portal: Go to http://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 SNPRM, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9523. 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- 9523; 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 SNPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Payman Soltani, Aerospace Engineer, Airframe Section, FAA, Los Angeles Aircraft Certification Office (ACO) Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562- 627-5313; fax: 562-627-5210; email: [email protected]. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9523; Product Identifier 2016-NM-134-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this SNPRM. We will consider all comments received by the closing date and may amend this SNPRM because of those comments. We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion On June 6, 2014, we issued AD 2014-12-13, Amendment 39-17874 (79 FR 39300, July 10, 2014) (``AD 2014-12-13''). AD 2014-12-13 requires actions to address an unsafe condition on all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. AD 2014- 12-13 requires repetitive inspections for cracking of the aft support fitting for the main landing gear (MLG) beam, and the rear spar upper chord and rear spar web; and repair if necessary. We issued an NPRM to amend 14 CFR part 39 by adding an AD to supersede AD 2014-12-13 that would apply to all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The NPRM published in the Federal Register on January 5, 2017 (82 FR 1254) (``the NPRM''). The NPRM was prompted by reports of additional cracking in the inspar upper skin at Wing Buttock Line (WBL) 157 and in the skin at two holes common to the rear spar in the same area, and by reports of rear spar web cracks on both wings. Subsequent inspections revealed that the right rear spar upper chord was almost completely severed and the left rear spar upper chord was completely severed. The NPRM proposed to expand the inspection area and add applicable related investigative and corrective actions. Actions Since NPRM Was Issued Since we issued the NPRM, we have determined it is necessary to expand the inspection area because the NPRM did not adequately identify the inspection area. We have also determined that it is necessary for operators to do the inspections in this proposed AD (in the SNPRM) before the inspections in AD 2014-12-13 can be terminated. In the NPRM, we proposed to supersede AD 2014-12-13 and referred to the compliance times in Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016, which would have given operators an additional 4,500 flight cycles to do the next inspection. However, operators must do the inspections at the compliance times required by AD 2014-12-13 until the actions required by this proposed AD (in the SNPRM) are done. Therefore, we are no longer superseding AD 2014-12-13. However, we have included paragraph (k)(2) in this proposed AD (in the SNPRM) to specify terminating action for AD 2014-12-13. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016. The service information describes procedures for repetitive high frequency eddy current (HFEC) open hole inspections for any cracking in the forward support fitting, the aft support fitting, the rear spar upper chord, and the rear spar web at the 12 fastener holes (locations 1-12). The service information also describes procedures for optional HFEC open hole inspections for any cracking in the forward support fitting, the aft support fitting, the rear spar upper chord, and the rear spar web, and HFEC surface inspections for any cracking in the rear spar upper chord and rear spar upper web, as applicable. The service information also describes procedures for related investigative and corrective actions. We also reviewed Boeing Alert Service Bulletin 737-57A1328, dated July 22, 2016. The service information describes procedures for repetitive eddy current inspections of the left and right wing for any cracking in the inspar upper skin and at the repair parts if applicable, and related investigative and corrective actions. 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. Comments We gave the public the opportunity to comment on the NPRM. The following presents the comments received on the NPRM and the FAA's response to each comment. Request To Include Other Inspection Areas Boeing requested that the NPRM be revised to include other inspection areas during the HFEC open hole inspection. Boeing stated that, as written, the NPRM implies that in some options the upper chord and web do not need to be inspected during the HFEC open hole inspection. We agree with the commenter's request for the reasons stated above. We have revised the introductory text to paragraph (h) of this proposed AD (in the SNPRM) to include an HFEC [[Page 37551]] inspection of the forward support fitting, the aft support fitting, the rear spar upper chord, and the rear spar web. Request To Revise the NPRM or Service Information To Allow Installation of the Same Type and Size of Fasteners All Nippon Airlines (ANA) requested that paragraph (h) of the NPRM or the service information be revised to allow installation of the same type and size of fasteners previously removed from the airplane after the open hole HFEC inspection. ANA stated that for group 7 airplanes, figures 25 and 26 of Boeing Alert Service Bulletin 737-57A1318, May 15, 2013, specify that oversized fasteners are installed at fastener holes after the open hole HFEC inspection has been accomplished. ANA stated that, however, for the same group 7 airplanes, figures 29 and 30 of Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016, specify that standard size fasteners are installed at fastener holes after the open hole HFEC inspection has been accomplished. ANA stated that as a result, operators will have to request alternative methods of compliance (AMOCs) for all airplanes on which the actions in Boeing Alert Service Bulletin 737-57A1318, May 15, 2013, have already been done because paragraph (h) of the NPRM states to do all applicable related investigative and corrective actions using Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016, which includes the installation of the standard size fasteners. ANA stated that this would be a burden for operators, Boeing, and the FAA. We agree with the commenter's request to revise this proposed AD. Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016, should have called out the correct fastener size to be installed after the fastener holes have been inspected and oversized as specified in Boeing Alert Service Bulletin 737-57A1318, May 15, 2013. Group 7 has two configurations: Configuration 1 is for airplanes without a repair; Configuration 2 is for airplanes with a repair. We added paragraph (h)(2) to this proposed AD (in the SNPRM) to state, ``For group 7, configuration 1 airplanes identified in Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016: Install the same type and same size fasteners as those previously removed from the airplane after accomplishing the open hole HFEC inspection specified in the introductory text of paragraph (h) of this AD.'' Request for AMOC Approval ANA requested that the NPRM be revised to allow approved AMOCs for AD 2014-12-13. ANA stated that airplanes have AMOCs for AD 2014-12-23 for certain repairs done using certain Boeing 737-300/-400/-500 structural repair manuals or certain Boeing ODA forms. ANA stated that existing AMOCs should be considered for AMOC approval in the NPRM. We agree with the commenter's request for the reasons provided above. We have redesignated paragraph (l)(4) of the proposed AD (in the NPRM) as paragraph (l)(5) in this proposed AD (in the SNPRM). We have added paragraph (l)(4) to this proposed AD (in the SNPRM) to allow AMOCs approved previously for AD 2014-12-13, Amendment 39-17874 (79 FR 39300, July 10, 2014), as AMOCs for the corresponding provisions of paragraphs (g) and (h) of this AD. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that accomplishing the supplemental type certificate (STC) ST01219SE does not affect the actions specified in the NPRM. We concur. We have redesignated paragraph (c) of the proposed AD (in the NPRM) as paragraph (c)(1) in this proposed AD and added paragraph (c)(2) to this proposed AD to state that ``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.'' Request To Clarify the NPRM for Historical Accuracy Boeing requested that the NPRM be revised to clarify the content for historical accuracy. Boeing stated that in the ``Actions Since AD 2014-12-13 and 2015-21-08 Were Issued'' paragraph of the preamble of the NPRM, the first paragraph described that a 2.375-inch long crack in the inspar upper skin was discovered since the issuance of AD 2014-12- 13 and AD 2015-21-08. Boeing stated, however, the discovery of the crack led to the issuance of AD 2015-21-08 and not AD 2014-12-13. Boeing stated that the AD will become a reference for prior events, and therefore, historical accuracy is essential. We agree with the commenter to clarify the historical accuracy of this SNPRM. While the paragraph, ``Actions Since AD 2014-12-13 and 2015-21-08 Were Issued,'' is not carried over in the SNPRM, we acknowledge that the discovery of a 2.375-inch long crack in the inspar upper skin led to the issuance of AD 2015-21-08. We have not changed this SNPRM regarding this issue. FAA's Determination We are proposing this SNPRM because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Certain changes described above expand the scope of the NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. Proposed Requirements of This SNPRM This SNPRM would require accomplishing the actions specified in the service information described previously, except as discussed under ``Differences Between this Proposed AD and the Service Information.'' For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9523. The phrase ``related investigative actions'' is used in this SNPRM. Related investigative actions are follow-on actions that (1) are related to the primary action, and (2) further investigate the nature of any condition found. Related investigative actions in an AD could include, for example, inspections. The phrase ``corrective actions'' is used in this SNPRM. Corrective actions correct or address any condition found. Corrective actions in an AD could include, for example, repairs. Differences Between This SNPRM and the Service Information Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016; and Boeing Alert Service Bulletin 737-57A1328, dated July 22, 2016; specify to contact the manufacturer for certain instructions, but this proposed AD would require accomplishment of repair methods, modification deviations, and alteration deviations in one of the following ways: In accordance with a method that we approve; or Using data that meet the certification basis of the airplane, and that have been approved by the Boeing [[Page 37552]] Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings. Costs of Compliance We estimate that this AD affects 471 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost on U.S. Action Labor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- HFEC open hole inspections...... 82 work-hours x $85 $0 $6,970 per $3,282,870 per per hour = $6,970 inspection cycle. inspection cycle. per inspection cycle. Eddy current inspection......... 14 work-hours x $85 $0 $1,190 per $560,490 per per hour = $1,190 inspection cycle. inspection cycle. per inspection cycle. ---------------------------------------------------------------------------------------------------------------- Estimated Costs for Optional Actions ---------------------------------------------------------------------------------------------------------------- Action Labor cost Parts cost Cost per product ---------------------------------------------------------------------------------------------------------------- Inspection............................. Up to 41 work-hours x $85 $0 Up to $1,641,435 per per hour = $3,485 per inspection cycle. inspection cycle. ---------------------------------------------------------------------------------------------------------------- We have received no definitive data that will enable us to provide cost estimates for the on-condition actions specified in this SNPRM. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs'' describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. This proposed AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. Regulatory Findings We 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) Is not a ``significant rule'' under the 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. 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 (AD): The Boeing Company: Docket No. FAA-2016-9523; Product Identifier 2016-NM-134-AD. (a) Comments Due Date The FAA must receive comments on this AD action by September 5, 2017. (b) Affected ADs This AD affects AD 2014-12-13, Amendment 39-17874 (79 FR 39300, July 10, 2014), and AD 2015-21-08, Amendment 39-18301 (80 FR 65921, October 28, 2015). (c) Applicability (1) This AD applies to all The Boeing Company Model 737-100, - 200, -200C, -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 reports of additional cracking in the inspar upper skin at Wing Buttock Line (WBL) 157 and in the skin at two holes common to the rear spar in the same area, and rear spar web cracks were also noted on both wings. Subsequent inspections revealed that the right rear spar upper chord was almost completely severed and the left rear spar upper chord was completely severed. We are issuing this AD to detect and correct cracking of the forward and aft support fittings for the main landing [[Page 37553]] gear (MLG) beam, and the rear spar upper chord and rear spar web in the area of rear spar station (RSS) 224.14, which could grow and result in a fuel leak and possible fire. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions for Group 1 Airplanes (MLG Support Fittings and Rear Spar) For airplanes identified as Group 1 in Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016: At the applicable time specified in table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016, except as required by paragraph (j)(3) of this AD, do applicable inspections and corrective actions using a method approved in accordance with the procedures specified in paragraph (l) of this AD. (h) Required Actions for Groups 2-7 Airplanes (MLG Support Fittings and Rear Spar) For airplanes identified as Groups 2-7 in Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016: At the applicable time specified in table 2 through table 9 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016, except as required by paragraph (j)(3) of this AD, do high frequency eddy current (HFEC) open hole inspections for any cracking in the forward support fitting, the aft support fitting, the rear spar upper chord, and the rear spar web at the 12 fastener holes (locations 1-12); or HFEC open hole inspections for any cracking in the forward support fitting, the aft support fitting, the rear spar upper chord, and the rear spar web, and an HFEC surface inspection for any cracking in the rear spar upper chord and rear spar upper web; as applicable; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016, except as provided by paragraphs (h)(1) and (h)(2) of this AD, and except as required by paragraph (j)(1) of this AD. Do all applicable related investigative and corrective actions before further flight. Thereafter, repeat the HFEC inspection at the applicable time specified in table 2 through table 9 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016. (1) Options provided in Boeing Alert Service Bulletin 737- 57A1318, Revision 1, dated July 22, 2016, for accomplishing the inspection are acceptable for the corresponding requirements in the introductory text of paragraph (h) of this AD, provided that the inspections are done at the applicable times in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016. (2) For Group 7, Configuration 1 airplanes identified in Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016: Install the same type and same size fasteners as those previously removed from the airplane after accomplishing the open hole HFEC inspection specified in the introductory text of paragraph (h) of this AD. (i) Eddy Current Inspection (Inspar Upper Skin) For airplanes identified in Boeing Alert Service Bulletin 737- 57A1328, dated July 22, 2016: At the applicable time specified in table 1 and table 2 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1328, dated July 22, 2016, except as required by paragraph (j)(2) of this AD, do an eddy current inspection of the left and right wings for any cracking in the inspar upper skin, and at the repair parts if installed, and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-57A1328, dated July 22, 2016, except as required by paragraph (j)(1) of this AD. Do all related investigative and corrective actions before further flight. Thereafter, repeat the eddy current inspection at the applicable time specified in table 1 and table 2 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1328, dated July 22, 2016. (j) Exceptions to the Service Information (1) If any cracking is found during any inspection required by this AD, and Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016; or Boeing Alert Service Bulletin 737-57A1328, dated July 22, 2016; specifies to contact Boeing for appropriate action: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (l) of this AD. (2) Where Boeing Alert Service Bulletin 737-57A1328, dated July 22, 2016, specifies a compliance time ``after the Original Issue date of this service bulletin,'' this AD requires compliance within the specified compliance time after the effective date of this AD. (3) Where Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016, specifies a compliance time ``after the Revision 1 date of this service bulletin, whichever occurs later,'' this AD requires compliance within the specified compliance time after the effective date of this AD. (k) Terminating Action (1) Accomplishing the initial inspections and applicable related investigative and corrective actions required by paragraphs (g), (h), and (i) of this AD, as applicable, terminates all requirements of AD 2015-21-08. (2) Accomplishing the initial inspections and applicable related investigative and corrective actions required by paragraphs (g) and (h) of this AD, as applicable, terminates all requirements of AD 2014-12-13. (l) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles Aircraft Certification Office (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 (m)(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, Los Angeles ACO Branch, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) AMOCs approved previously for AD 2014-12-13, Amendment 39- 17874 (79 FR 39300, July 10, 2014), are approved as AMOCs for the corresponding provisions of paragraphs (g) and (h) of this AD. (5) Except as required by paragraph (j)(1) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (l)(5)(i) and (l)(5)(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 sub-step is labeled ``RC Exempt,'' then the RC requirement is removed from that step or sub-step. 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. (m) Related Information (1) For more information about this AD, contact Payman Soltani, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627- 5313; fax: 562-627-5210; 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; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Standards Staff, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. [[Page 37554]] Issued in Renton, Washington, on July 26, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017-16357 Filed 8-10-17; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Proposed Rules 37549
§ 39.13 [Amended] dated March 10, 2017, specifies to contact Lakewood, CA 90712–4137; phone: 562–627–
■ 2. The FAA amends § 39.13 by adding Boeing for repair instructions, and specifies 5232; fax: 562–627–5210; email:
the following new airworthiness that action as ‘‘RC’’ (Required for george.garrido@faa.gov.
Compliance), this AD requires repair before (3) For service information identified in
directive (AD): this AD, contact Boeing Commercial
further flight using a method approved in
The Boeing Company: Docket No. FAA– accordance with the procedures specified in Airplanes, Attention: Contractual & Data
2017–0766; Product Identifier 2017– paragraph (j) of this AD. Services (C&DS), 2600 Westminster Blvd.,
NM–046–AD. MC 110–SK57, Seal Beach, CA 90740–5600;
(j) Alternative Methods of Compliance telephone 562–797–1717; Internet https://
(a) Comments Due Date (AMOCs) www.myboeingfleet.com. You may view this
We must receive comments by September (1) The Manager, Los Angeles Aircraft referenced service information at the FAA,
25, 2017. Certification Office (ACO) Branch, FAA, has Transport Standards Branch, 1601 Lind
the authority to approve AMOCs for this AD, Avenue SW., Renton, WA. For information
(b) Affected ADs
if requested using the procedures found in 14 on the availability of this material at the
None. CFR 39.19. In accordance with 14 CFR 39.19, FAA, call 425–227–1221.
(c) Applicability send your request to your principal inspector Issued in Renton, Washington, on July 26,
or local Flight Standards District Office, as 2017.
This AD applies to all The Boeing
appropriate. If sending information directly Jeffrey E. Duven,
Company Model 737–100, –200, –200C,
–300, –400, and –500 series airplanes, to the manager of the certification office,
send it to the attention of the person Director, System Oversight Division, Aircraft
certificated in any category. Certification Service.
identified in paragraph (k)(2) of this AD.
(d) Subject Information may be emailed to: 9-ANM- [FR Doc. 2017–16358 Filed 8–10–17; 8:45 am]
Air Transport Association (ATA) of LAACO-ACO-AMOC-Requests@faa.gov. BILLING CODE 4910–13–P
America Code 53; Fuselage. (2) Before using any approved AMOC,
notify your appropriate principal inspector,
(e) Unsafe Condition or lacking a principal inspector, the manager DEPARTMENT OF TRANSPORTATION
This AD was prompted by an evaluation by of the local flight standards district office/
the design approval holder (DAH) indicating certificate holding district office. Federal Aviation Administration
that the gore web lap splices of the aft (3) An AMOC that provides an acceptable
pressure bulkhead are subject to widespread level of safety may be used for any repair, 14 CFR Part 39
fatigue damage (WFD). We are issuing this modification, or alteration required by this
AD to detect and correct cracking in the gore AD if it is approved by the Boeing [Docket No. FAA–2016–9523; Product
webs, gore web lap splices, and repair webs Commercial Airplanes Organization Identifier 2016–NM–134–AD]
of the aft pressure bulkhead, which could Designation Authorization (ODA) that has
result in possible rapid decompression and RIN 2120–AA64
been authorized by the Manager, Los Angeles
loss of structural integrity. ACO Branch, to make those findings. To be
approved, the repair method, modification
Airworthiness Directives; The Boeing
(f) Compliance Company Airplanes
deviation, or alteration deviation must meet
Comply with this AD within the the certification basis of the airplane, and the
compliance times specified, unless already AGENCY: Federal Aviation
approval must specifically refer to this AD. Administration (FAA), DOT.
done. (4) Except as required by paragraph (i)(2)
of this AD: For service information that ACTION: Supplemental notice of
(g) Required Actions for Group 1 Airplanes
contains steps that are labeled as Required proposed rulemaking (SNPRM);
For airplanes identified as Group 1 in reopening of comment period.
for Compliance (RC), the provisions of
Boeing Alert Service Bulletin 737–53A1355,
paragraphs (j)(4)(i) and (j)(4)(ii) of this AD
dated March 10, 2017: Within 120 days after SUMMARY: We are revising an earlier
apply.
the effective date of this AD, inspect the notice of proposed rulemaking (NPRM)
airplane, using a method approved in (i) The steps labeled as RC, including
accordance with the procedures specified in substeps under an RC step and any figures to supersede Airworthiness Directive
paragraph (j) of this AD. identified in an RC step, must be done to (AD) 2014–12–13, which applies to all
comply with the AD. If a step or substep is The Boeing Company Model 737–100,
(h) Actions Required for Compliance labeled ‘‘RC Exempt,’’ then the RC –200, –200C, –300, –400, and –500
Except as required by paragraph (i) of this requirement is removed from that step or series airplanes. This action revises the
AD: For airplanes identified as Group 2 in substep. An AMOC is required for any
NPRM by expanding the inspection
Boeing Alert Service Bulletin 737–53A1355, deviations to RC steps, including substeps
and identified figures. area. This action also revises the NPRM
dated March 10, 2017, at the applicable times
specified in paragraph 1.E., ‘‘Compliance,’’ of (ii) Steps not labeled as RC may be by no longer proposing to supersede AD
Boeing Alert Service Bulletin 737–53A1355, deviated from using accepted methods in 2014–12–13. We are proposing this AD
dated March 10, 2017, do all applicable accordance with the operator’s maintenance to address the unsafe condition on these
actions identified as required for compliance or inspection program without obtaining products. Since these actions impose an
(‘‘RC’’) in, and in accordance with, the approval of an AMOC, provided the RC steps, additional burden over that proposed in
Accomplishment Instructions of Boeing Alert including substeps and identified figures, can the NPRM, we are reopening the
Service Bulletin 737–53A1355, dated March still be done as specified, and the airplane comment period to allow the public the
10, 2017. can be put back in an airworthy condition.
chance to comment on these proposed
(i) Exceptions to Service Information (k) Related Information changes.
Specifications (1) For more information about this AD, DATES: The comment period for the
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
(1) Where paragraph 1.E., ‘‘Compliance,’’ of contact Lu Lu, Aerospace Engineer, Airframe NPRM published in the Federal
Boeing Alert Service Bulletin 737–53A1355, Section, FAA, Seattle Aircraft Certification Register on January 5, 2017 (82 FR
dated March 10, 2017, uses the phrase ‘‘after Office (ACO) Branch, 1601 Lind Avenue SW., 1254), is reopened.
the original issue date of this service Renton, WA 98057–3356; phone: 425–917– We must receive comments on this
bulletin,’’ for purposes of determining 6478; fax: 425–917–6590; email: lu.lu@ SNPRM by September 5, 2017.
compliance with the requirements of this AD, faa.gov.
the phrase ‘‘after the effective date of this (2) For information about AMOCs, contact ADDRESSES: You may send comments,
AD’’ must be used. George Garrido, Aerospace Engineer, using the procedures found in 14 CFR
(2) Although Boeing Service Bulletin Airframe Section, FAA, Los Angeles ACO 11.43 and 11.45, by any of the following
Boeing Alert Service Bulletin 737–53A1355, Branch, 3960 Paramount Boulevard, methods:
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![37552 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Proposed Rules
Commercial Airplanes Organization Costs of Compliance the following costs to comply with this
Designation Authorization (ODA) whom AD:
we have authorized to make those We estimate that this AD affects 471
findings. airplanes of U.S. registry. We estimate
ESTIMATED COSTS
Action Labor cost Parts cost Cost per product Cost on U.S. operators
HFEC open hole inspections 82 work-hours × $85 per hour $0 $6,970 per inspection cycle ... $3,282,870 per inspection
= $6,970 per inspection cycle.
cycle.
Eddy current inspection ......... 14 work-hours × $85 per hour $0 $1,190 per inspection cycle ... $560,490 per inspection
= $1,190 per inspection cycle.
cycle.
ESTIMATED COSTS FOR OPTIONAL ACTIONS
Action Labor cost Parts cost Cost per product
Inspection ................................................ Up to 41 work-hours × $85 per hour = $0 Up to $1,641,435 per inspection cycle.
$3,485 per inspection cycle.
We have received no definitive data Regulatory Findings § 39.13 [Amended]
that will enable us to provide cost ■ 2. The FAA amends § 39.13 by adding
We determined that this proposed AD
estimates for the on-condition actions the following new airworthiness
would not have federalism implications
specified in this SNPRM. directive (AD):
under Executive Order 13132. This
proposed AD would not have a The Boeing Company: Docket No. FAA–
Authority for This Rulemaking
substantial direct effect on the States, on 2016–9523; Product Identifier 2016–NM–
Title 49 of the United States Code 134–AD.
the relationship between the national
specifies the FAA’s authority to issue Government and the States, or on the (a) Comments Due Date
rules on aviation safety. Subtitle I, distribution of power and The FAA must receive comments on this
section 106, describes the authority of responsibilities among the various AD action by September 5, 2017.
the FAA Administrator. ‘‘Subtitle VII: levels of government. (b) Affected ADs
Aviation Programs’’ describes in more For the reasons discussed above, I
This AD affects AD 2014–12–13,
detail the scope of the Agency’s certify this proposed regulation: Amendment 39–17874 (79 FR 39300, July 10,
authority. (1) Is not a ‘‘significant regulatory 2014), and AD 2015–21–08, Amendment 39–
We are issuing this rulemaking under action’’ under Executive Order 12866, 18301 (80 FR 65921, October 28, 2015).
the authority described in Subtitle VII, (2) Is not a ‘‘significant rule’’ under (c) Applicability
Part A, Subpart III, Section 44701: the DOT Regulatory Policies and
(1) This AD applies to all The Boeing
‘‘General requirements.’’ Under that Procedures (44 FR 11034, February 26,
Company Model 737–100, –200, –200C,
section, Congress charges the FAA with 1979), –300, –400, and –500 series airplanes,
promoting safe flight of civil aircraft in (3) Will not affect intrastate aviation certificated in any category.
air commerce by prescribing regulations in Alaska, and (2) Installation of Supplemental Type
(4) Will not have a significant Certificate (STC) ST01219SE does not affect
for practices, methods, and procedures the ability to accomplish the actions required
the Administrator finds necessary for economic impact, positive or negative,
on a substantial number of small entities by this AD. Therefore, for airplanes on which
safety in air commerce. This regulation STC ST01219SE is installed, a ‘‘change in
under the criteria of the Regulatory product’’ alternative method of compliance
is within the scope of that authority
Flexibility Act. (AMOC) approval request is not necessary to
because it addresses an unsafe condition
that is likely to exist or develop on List of Subjects in 14 CFR Part 39 comply with the requirements of 14 CFR
39.17.
products identified in this rulemaking Air transportation, Aircraft, Aviation
action. (d) Subject
safety, Incorporation by reference,
This proposed AD is issued in Safety. Air Transport Association (ATA) of
America Code 57, Wings.
accordance with authority delegated by
The Proposed Amendment
the Executive Director, Aircraft (e) Unsafe Condition
Certification Service, as authorized by Accordingly, under the authority This AD was prompted by reports of
delegated to me by the Administrator,
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
FAA Order 8000.51C. In accordance additional cracking in the inspar upper skin
with that order, issuance of ADs is the FAA proposes to amend 14 CFR part at Wing Buttock Line (WBL) 157 and in the
39 as follows: skin at two holes common to the rear spar in
normally a function of the Compliance
the same area, and rear spar web cracks were
and Airworthiness Division, but during also noted on both wings. Subsequent
PART 39—AIRWORTHINESS
this transition period, the Executive inspections revealed that the right rear spar
DIRECTIVES
Director has delegated the authority to upper chord was almost completely severed
issue ADs applicable to transport ■ 1. The authority citation for part 39 and the left rear spar upper chord was
category airplanes to the Director of the completely severed. We are issuing this AD
continues to read as follows: to detect and correct cracking of the forward
System Oversight Division.
Authority: 49 U.S.C. 106(g), 40113, 44701. and aft support fittings for the main landing
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![37554 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Proposed Rules
Issued in Renton, Washington, on July 26, Discussion 12806, dated March 11, 2016) (‘‘AD
2017. 2016–04–16’’), also addresses issues
We proposed to amend part 39 of the
Jeffrey E. Duven, with the fuel system. UPS concluded
Federal Aviation Regulations (14 CFR
Director, System Oversight Division, Aircraft part 39) with an NPRM for a new AD for that sealing of the current GEN 1 fuel
Certification Service. all The Boeing Company Model DC–10– pump connector via Boeing Service
[FR Doc. 2017–16357 Filed 8–10–17; 8:45 am] 10 and DC–10–10F airplanes, Model Bulletin MD11–28–145, dated July 15,
BILLING CODE 4910–13–P DC–10–15 airplanes, Model DC–10–30 2014, in conjunction with the
and DC–10–30F (KC–10A and KDC–10) installation of the fault current detectors
airplanes, Model DC–10–40 and DC–10– installed via Boeing Alert Service
DEPARTMENT OF TRANSPORTATION 40F airplanes, Model MD–10–10F and Bulletin MD11–28A133, dated June 5,
MD–10–30F airplanes, and Model MD– 2014 (referenced as an appropriate
Federal Aviation Administration source of service information in AD
11 and MD–11F airplanes. The NPRM
published in the Federal Register on 2016–04–16), including a repetitive 24-
14 CFR Part 39 month inspection of the connectors as
May 10, 2016 (81 FR 28770). The
proposed AD would have required required by paragraph (j) of AD 2016–
[Docket No. FAA–2016–6417; Product
Identifier 2015–NM–134–AD] replacement of the fuel pump housing 04–16, addresses the unsafe condition
electrical connector or replacement of described by the NPRM. UPS stated
RIN 2120–AA64 the fuel pump housing; repetitive that, furthermore, the installation of the
inspections for proper operation of the ‘‘uncommanded on’’ system via Boeing
Airworthiness Directives; The Boeing Service Bulletin MD11–28–137, dated
fuel pump, and corrective actions if
Company Airplanes June 24, 2014 (referenced as an
necessary; and revising the maintenance
or inspection program to incorporate appropriate source of service
AGENCY: Federal Aviation
new airworthiness limitations. The information in AD 2016–04–16),
Administration (FAA), Department of
proposed AD also would have required, provides an additional level of safety in
Transportation (DOT).
for certain airplanes, a general visual all pump positions where the tanks
ACTION: Proposed rule; withdrawal. normally empty and can potentially
inspection of the protective cap and
replacement if necessary. The NPRM support a combustible environment.
SUMMARY: The FAA withdraws a notice
was prompted by results from fuel UPS stated that the other pump
of proposed rulemaking (NPRM) that
system reviews conducted by the positions on the airplane remain
published on May 10, 2016. Since the
manufacturer and multiple reports of submerged in fuel, thus not providing a
NPRM was issued, we have determined
fuel pump housing electrical connector combustible environment.
that the identified unsafe condition is FedEx stated that according to the fire
adequately addressed by existing failures related to ingress of airplane
fluids. The proposed actions were pyramid or fire triangle, three
actions. Accordingly, the NPRM is elements—oxygen, fuel (jet fuel), and
withdrawn. intended to prevent failure of the fuel
pump housing electrical connector, heat (ignition)—are needed in order to
DATES: As of August 11, 2017, the which could result in a potential have fire or explosion. FedEx noted that
proposed rule, which was published in ignition source in a fuel tank and all of the main fuel pumps on MD11/
the Federal Register on May 10, 2016 consequent fire or explosion. DC10 airplanes are covered by fuel
(81 FR 28770), is withdrawn. during all flight phases. FedEx stated
ADDRESSES: You may examine the AD Actions Since the NPRM Was Issued that these pumps do not meet the
docket on the Internet at http:// Since we issued the NPRM, we have aforementioned condition where fuel
www.regulations.gov by searching for determined that the identified unsafe vapors are present surrounding the
and locating Docket No. FAA–2016– condition is adequately addressed by pump. FedEx remarked that only pumps
6417; or in person at the Docket existing actions. in fuel tanks that become empty during
Management Facility between 9 a.m. flights, i.e., auxiliary tanks and tail
Comments tanks, should be affected by the
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket We gave the public the opportunity to proposed AD. Based on this logic,
contains this AD action, the NPRM (81 participate in considering the NPRM. FedEx concluded that the proposed AD
FR 28770, May 10, 2016) (‘‘the NPRM’’), The following presents the comments should mandate the replacement of only
the regulatory evaluation, any received on the proposal and the FAA’s the connector assemblies in any fuel
comments received, and other response to each comment. Multiple tank that might normally be empty
information. The address for the Docket commenters (Boeing, FedEx, United during flight. FedEx noted that AD
Office (telephone 800–647–5527) is the Parcel Service (UPS), and Lufthansa 2016–04–16 has already addressed this
Docket Management Facility, U.S. Cargo) requested certain changes to the safety concern and required the
Department of Transportation, Docket NPRM that are considered moot in light installation of fault current detectors in
Operations, M–30, West Building of this withdrawal. all fuel pumps. FedEx also noted that
Ground Floor, Room W12–140, 1200 AD 2002–13–10, Amendment 39–12798
Requests To Withdraw the NPRM (67 FR 45053, dated July 8, 2002),
New Jersey Avenue SE., Washington, UPS stated that the unsafe condition
DC 20590. requires repetitive inspections until a
identified in the NPRM is addressed by
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
new connector assembly is certified.
FOR FURTHER INFORMATION CONTACT: Serj Boeing Service Bulletin MD11–28–145, We infer that FedEx and UPS are
Harutunian, Aerospace Engineer, dated July 15, 2014 (installation of requesting we withdraw the NRPM
Propulsion Section, FAA, Los Angeles sealed terminal lugs on the existing GEN because those commenters stated that
Aircraft Certification Office (ACO) 1 fuel pump connector), in combination the identified unsafe condition is
Branch, 3960 Paramount Boulevard, with repetitive inspections, which already addressed.
Lakewood, CA 90712–4137; phone: accomplishes the same intent as having We agree to withdraw the NPRM
562–627–5254; fax: 562–627–5210; installed the GEN 4 fuel pump because the identified unsafe condition
email: serj.harutunian@faa.gov. connector. UPS stated that AD 2016–04– is adequately addressed by existing
SUPPLEMENTARY INFORMATION: 16, Amendment 39–18410 (81 FR actions. When we issued the NPRM, we
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Document Created: 2018-10-24 11:47:10
Document Modified: 2018-10-24 11:47:10
| 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 | Proposed Rules | |
| Action | Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. | |
| Dates | The comment period for the NPRM published in the Federal Register on January 5, 2017 (82 FR 1254), is reopened. | |
| Contact | Payman Soltani, Aerospace Engineer, Airframe Section, FAA, Los Angeles Aircraft Certification Office (ACO) Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562- 627-5313; fax: 562-627-5210; email: [email protected] | |
| FR Citation | 82 FR 37549 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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