# NOV 262013 RA-13-05307 JohnA. Hamilton Lead Administrator Regulatory Administration Commercial Airplanes The Boeing Company P.O. Box 3707 MC 03-56 Seattle, WA 98124-2207



### U.S. Department ofTransportation Docket Operations, M-30 1200 New Jersey Avenue S.E. Room W12-140, WestBldg. Ground Floor Washington, DC 20590-0001 

## Subject:

Model: RA ProjectNo.: EASA ProjectNo.: EASALevel: References:

Special Instructions:

This letteris to submit: Petition for Exemption from Title 14, Code.ofFederal Regulations (14 CPR) 26.21(b)(2)(ii), "Limit of Validity", for Model 737CL 737CL N/A 

### NIA N/A (a) Docket No. FAA-2006-24281, WidespreadFatigue Damage, issued May 24, 2012 (b) BoeingDocumentD6-84905, Boeing 737CL WFD/LOV Compliance Document 14 CPR 26 Subpart C, Revision B, dated May 15,2013 (c) Boeing Service Bulletin 737-52A1038 Please forward a copy to FAA SpecialistAlan Rauschendorfer (ANM-IOOS)

(X) Petition for Exemption 

## This letter is being sentfor: (X) Regulatory Review/Approval TheBoeing Companyrespectfully submits the enclosed Petition for Exemption from the Title 14 Code ofFederal Regulations Part 26, 26.21 (b)(2)(ii) for the BoeingModel 737CL airplanes as related to the list ofmaintenance actions not mandated byAirworthiness Directives.

# o<. .BOEING

# ~ PNOV2J62013 age U.S. DepartmentofTransportation RA 

### 13-05307


## Please contactthis office orthefollowing individuals if

## you havefurther questions: (X)

### ProjectAdministrator (PA): Debra Dean at (206) 766-3247 The informationbeing forwarded to the FAA by orwith this correspondence is for the exclusive purpose ofsupport ofapplications for or amendments to Type Certificates, is considered proprietary to The Boeing Company and/or its suppliers, and is provided on a confidential basis.
The data provided should be returned to Boeing immediately following use by the FAA, including any copies thereofwhich the FAA may be required to make in the course of its review. Boeing does not authorize the FAA to retain any portion of the materialsbeing supplied.

Douglas M. Lane ODA DeputyLead Administrator (425) 237-1383, MC 03·56 FAX: (425) 294-9340

Enclosure:

cc 

## Name 

## Mr. P. Adjibly
Mr. D. Tsuji 

## Mr. A. Lam Petition for Exemption from 14 CFR 26.21(b)(2)(ii) for Model 737 CL (3)



## Enclosures Share Comments Point No X FAA 737 ProgramMgr., 6Y-01 No 

## X**6Y~Ol** 

### 737
No 

## X FAA LAACO Out ofProduction Program Mgr. (707, 727, 737, 747, 757 with paper to Angelos only)Enclosure to RA-13-05307 Page 1 of 3 

## A. Name andAddress of thePetitioner Doug Lane, Director, Regulatory Administration Deputy Lead Administrator The Boeing Company PO Box 3707 Seattle, Washington, 98124 

## B. Section of the Code of FederalRegulations (CFRs) thatareAffected As provided for in §11.61{b), per §11.81, Boeing hereby petitions for exemption from the following 14 CFR forthe modei737-200C: 

### Regulation Amendment**Rc:~guirement** 14 CFR §26.21{b){2)(ii) 26-6 (ii) For those maintenance actions for which service information has not been issued as ofthe applicable compliance date specified in paragraph (c) ofthis section, a list identifying each ofthose actions and a binding schedule for providing iri atimely manner the· necessary service information forthose actions. Once the FAA Oversight Office approves this schedule, each person identified in paragraph (c) ofthis section must comply with that schedule


## C. 

## The Extentof Relief BeingSought Regulation Requirement Why relief is necessary 14 CFR Provide a list of Within the reference (a) Widespread Fatigue Damage final rule, §26.21{b)(2)(ii) service bulletins §26.21(b)(2)(ii) requires aType Certificate Holder (TCH) to at Arndt 26-6 (SB) for which submit a list identifying each ofthose maintenance actions for revision is required which service information has not been mandated by to address airworthiness directive as ofJanuary 14, 2011 and a binding Widespread schedule for providing in atimely mannerthe necessary service Fatigue Damage information forthose actions. {WFD) and a binding schedule Reference (b), the Boeing 737CL WFD/LOV Compliance by which those Document, provides the list ofthose maintenance actions in the service bulletins form of Boeing Service Bulletins (SB) as well as a binding date by are to be which revisions ofthose SBs will be submitted to the FAA. submitted to the Included in the listing ofSBs to be revised is the reference (c) FAA for review and Service Bulletin which addresses the main deck cargo door hinge approval. area on the a number of737-200C airplanes and which has a binding schedule date ofJuly 14, 2014 forsubmittal ofthe revision to the FAA.
Afterthe binding schedule for submittal ofthe revised SBs in reference (b) was approved, further WFD analysis ofthe structure addressed in the reference (c) Service Bulletin revealed thatthe Inspection Start Point {ISP) would occur afterthe Limit ofValidity (LOV) forthese airplanes. At the LOV, any active airplanes would be withdrawn from service. In light ofthis, there is no need for Boeing to revise the reference (c) ServiceEnclosure to RA-13-05307 Page 2 of 3

Bulletin. As a result, Boeing is respectfully petitioning thatthe revision of reference (c) SB as listed in reference (b) be exempted from the 14 CFR §26.21(b)(2)(ii) aspects ofthe applicability ofthe reference (a) final rule.


## D. Description oftlteIssue A revision to the reference (c) Service Bulletin was required in response to the reference (a) Widespread Fatigue Damage rule and to meet the commitments ofthe binding schedule contained in reference (b). The revision to the reference (c) Service Bulletin would provide instructions to inspect the outer skin of the main deck cargo door belowthe hinge line at an Inspection Start Point (ISP) and to install a modification/repair at or before the Structural Modification Point (SMP). The revision ofthe reference (c) Service Bulletin would be addressing atotal of33 737-200C airplanes. Ofthese 33 airplanes, 30 are permanently out ofservice or exceed their Limit ofValidity (LOV). One airplane is embargoed and the remaining two that would need service action are not N-registered and it is anticipated that they will never fly into US airspace. One airplane, L/N 309, is located in the Republic ofSouth Africa, has notflown since April 2006 and is in long term storage. The other airplane, L/N 295, is located in the Cote D'lvoire and hasn't shown any activity for at least the past 12 months. It is anticipated that these two airplanes will never be operated under Parts 121 or 129. Afterthe conclusion was reached thatthe affected fleet consisted ofonly two potentially active airplanes and notingthat a conservative analysis approach was used, the WFD analysis was re-calculated resulting in an Inspection Start Point (ISP) that exceeds the LOV of75,000 cycles forthese airplanes. Therefore, no additional service actions are required to address WFD and there is no reason to revise the reference (c) Service Bulletin by the binding schedule date ofJuly 14, 2014. 

## E. Statementof PublicInterest Exclusion ofthe revision ofthe reference (c) Service Bulletin from the requirements of 14 CFR §26.21(b)(2)(ii) would permitThe Boeing Company to apply more resources tothe development ofthe widespread fatigue damage data forthose remaining SBs to which the rule is applicable. The Boeing Company also considers that the granting ofthis exemption would negate the need for FAA to evaluate the data required to support compliance with these regulations forthe revision ofthe reference (c) Service Bulletin. Therefore, grantingthis exemption would, in turn, reduce the burden on FAA resources and consequently public expenditure. 

## F. Statement of NoAdverseEffecton Safety The recalculated ISP for the maintenance actions for the revision ofthe reference (c) Service Bulletin exceeds the LOV. In the unlikely event that either ofthe two airplanes in the affected fleet is ever returned to aflyable condition, theywill have been removed from service at the LOV point priorto the ISP. 

## G. Conclusion Exemption ofthe revision ofthe reference (c) Service Bulletin from the requirements of 14 CFR §26.21(b)(2)(ii) would have no adverse effect on public safety and permit The Boeing Company to apply more resources to the development ofthe widespread fatigue damage data forthose SBs to which the rule is applicable. 

## H. Privileges of thisExemption Outside the UnitedStatesEnclosure to RA-13-05307
Extension ofthis exemption is not required outside ofthe United States. 

## Summaryto bePublishedin theFederalRegister PETITIONER: Boeing Commercial Airplanes SECTION OF 14 CFR AFFECTED: 14 CFR §26.21(b)(2)(ii) Amendment 26-6 Page 3 of 3

DESCRIPTION OF RELIEF SOUGHT: The Boeing Company petitions for an exemption to 14 CFR_ §26.21(b)(2)(ii) for the revision of Service Bulletin 737-52A1038 as listed in Boeing Document D6-84905, Boeing 737CL WFD/LOV Compliance Document 14 CFR 26 Subpart C in this Petition. This petition for exemption is based on the fact that a widespread fatigue damage (WFD) re-analysis has shown that the Inspection Start Point (ISP) for the service actions forthe aircraft listed in Service Bulletin 737-52A1038 would occur afterthe aircraft had reached the Limit ofValidity (LOV) at which point they would be required to be withdrawn from service. Exemption ofthe revision of Service Bulletin 737-52A1038 from the requirements of 14 CFR §26.21(b)(2)(ii) would have no adverse effect on public safety.