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[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Rules and Regulations]
[Pages 25377-25380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09205]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0288; Directorate Identifier 2008-NM-214-AD; 
Amendment 39-17435; AD 2013-08-18]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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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 leaking fuel from 
the wing leading edge area at the inboard end of the number 5 leading 
edge slat. This AD requires modifying the fluid drain path in the wing 
leading edge area, forward of the wing front spar, and doing all 
applicable related investigative and corrective actions; and installing 
new seal disks on the latches in the fuel shutoff valve access door. We 
are issuing this AD to prevent flammable fluids from accumulating in 
the wing leading edge, and draining inboard and onto the engine exhaust 
nozzle, which could result in a fire.

DATES: This AD is effective June 5, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 5, 2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 Document 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: Ansel James, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 
425-917-6497; fax: 425-917-6590; email: ansel.james@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an airworthiness directive (AD) that 
would apply to the specified products. That SNPRM published in the 
Federal Register on March 16, 2012 (77 FR 15638). The original NPRM (74 
FR 15683, April 7, 2009) proposed to require modifying the fluid drain 
path in the wing leading edge area, forward of the wing front spar and 
doing all applicable related investigative and corrective actions. The 
SNPRM proposed to revise that NPRM by including installing new seal 
disks on the latches in the fuel shutoff valve access door as part of 
the modification and by specifying that certain inspections are 
detailed inspections. The SNPRM also proposed to revise the 
applicability to include additional airplanes.

Revised Service Bulletin

    Boeing has issued Special Attention Service Bulletin 737-57-1293, 
Revision 3, dated December 14, 2012. This revision includes 
clarification for the re-identification of parts and assemblies. We 
have revised paragraphs (c) and (g) of this AD to refer to Boeing 
Special Attention Service Bulletin 737-57-1293, Revision 3, dated 
December 14, 2012.

[[Page 25378]]

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the 
supplemental NPRM (77 FR 15638, March 16, 2012) and the FAA's response 
to each comment.

Concurrence

    Boeing concurred with the content of the SNPRM (77 FR 15638, March 
16, 2012).

Request for Compliance Time Extension

    United Airlines, Tracinda Flight Department, and American Airlines 
requested an extension to the 24-month compliance time specified in the 
SNPRM (77 FR 15638, March 16, 2012). Tracinda Flight Department 
requested a compliance time of 36 months to coincide with a heavy 
maintenance check. American Airlines requested a compliance time of 60 
to 72 months to coincide with its scheduled heavy maintenance check. 
American Airlines stated that the actions accomplished in accordance 
with AD 2011-06-05, Amendment 39-16629 (76 FR 15808, March 22, 2011), 
address the safety issue identified in the SNPRM. United Airlines 
recommended a compliance time of 60 months for airplanes on which 
actions have been done in accordance with AD 2011-06-05, as well as 
airplanes having line numbers 2700 and subsequent on which the actions 
have been incorporated for the wing slat down stop hardware 
modification and inspections.
    We disagree with the commenters' requests to extend the compliance 
time. We have determined that the compliance time, as proposed, 
represents the maximum interval of time allowable for the affected 
airplanes to continue to safely operate before the modification is 
done. Since maintenance schedules vary among operators, there would be 
no assurance that the airplanes would be modified during that maximum 
interval. However, under the provisions of paragraph (i) of the final 
rule, we will consider requests for approval of an extension of the 
compliance time if sufficient data are submitted to substantiate that a 
new compliance time would provide an acceptable level of safety. 
Additionally, the issue addressed in this AD is different from the 
issue addressed in AD 2011-06-05, Amendment 39-16629 (76 FR 15808, 
March 22, 2011); therefore, changing the compliance time based on the 
actions done in accordance with AD 2011-06-05 is not acceptable. We 
have not changed the AD in this regard.

Request for Change to Airplane Groups

    Southwest Airlines requested a change to the airplanes in Group 2, 
as specified in Boeing Special Attention Service Bulletin 737-57-1293, 
Revision 2, dated September 28, 2011. The commenter stated that Group 2 
airplanes include line numbers 2131 through 2837--instead of 2131 
through 2437, as specified in Boeing Special Attention Service Bulletin 
737-57-1293, Revision 2, dated September 28, 2011. The commenter stated 
that Figures 4 and 16 of that service bulletin specify a modification 
of the hinge assembly having part number (P/N) 116A5522-1, which is 
installed on airplanes having line numbers 1 through 2837.
    We disagree to change the airplanes in Group 2. The purpose of the 
Group 2 division is to address a parting agent issue and not hinge 
trimming. Although the hinge assembly part number does change at 
airplane line number 2837, it is unrelated to the Group 2 division. No 
change has been made to the AD in this regard.

Request for Parts Specifications

    American Airlines requested that we provide material specifications 
and part dimensions to allow for manufacturing of alternatives for a 
seal disk having P/N 116A8505-2. The commenter stated that the parts 
are unavailable from Boeing and having an alternate part is necessary 
to ensure a sufficient supply for operators.
    We cannot include proprietary information such as part dimensions 
and materials in ADs; however, we are aware that seal disks having P/N 
116A8505-2 are now available from the manufacturer. No change has been 
made to the AD in this regard.

Request for Credit for Actions Done Previously

    Tracinda Flight Department requested that we revise the 
supplemental NPRM (77 FR 15638, March 16, 2012) to provide credit for 
doing the actions specified in Boeing Special Attention Service 
Bulletin 737-57-1293, Revision 2, dated September 28, 2011.
    We agree to allow credit for actions done in accordance with Boeing 
Special Attention Service Bulletin 737-57-1293, Revision 2, dated 
September 28, 2011. We have added new paragraph (h) to this AD 
accordingly.
    American Airlines requested that we revise the supplemental NPRM 
(77 FR 15638, March 16, 2012) to allow credit for actions done using 
Boeing Special Attention Service Bulletin 737-57-1293, Revision 1, 
dated January 11, 2010. The commenter stated that the updates in Boeing 
Special Attention Service Bulletin 737-57-1293, Revision 2, dated 
September 28, 2011, do not address the safety issue with the exception 
of the addition of the rubber seal disk.
    We disagree with the commenter's request. Boeing Special Attention 
Service Bulletin 737-57-1293, Revision 2, dated September 28, 2011, 
changed the inspection type for the bonding jumper countersink diameter 
and clarified certain instructions specified in Boeing Special 
Attention Service Bulletin 737-57-1293, Revision 1, dated January 11, 
2010. However, operators may request approval of an alternative method 
of compliance (AMOC), as specified in paragraph (i) of this AD. No 
change has been made to the 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 
the 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 
SNPRM (77 FR 15638, March 16, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (77 FR 15638, March 16, 2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 1,072 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
----------------------------------------------------------------------------------------------------------------
Modification, Group 1 (734 airplanes)  50 work-hours x $85 per            $1,262          $5,512      $4,045,808
                                        hour = $4,250.

[[Page 25379]]

 
Modification, Group 2 (58 airplanes).  27 work-hours x $85 per             1,262           3,557         206,306
                                        hour = $2,295.
Modification, Group 3 (280 airplanes)  3 work-hours x $85 per                 94             349          97,720
                                        hour = $255.
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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):

2013-08-18 The Boeing Company: Amendment 39-17435; Docket No. FAA-
2009-0288; Directorate Identifier 2008-NM-214-AD.

(a) Effective Date

    This AD is effective June 5, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900 and -900ER series airplanes, certificated in any 
category, as identified in Boeing Special Attention Service Bulletin 
737-57-1293, Revision 3, dated December 14, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of leaking fuel from the wing 
leading edge area at the inboard end of the number 5 leading edge 
slat. We are issuing this AD to prevent flammable fluids from 
accumulating in the wing leading edge, and draining inboard and onto 
the engine exhaust nozzle, which could result in a fire.

(f) Compliance

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

(g) Modification

    Within 24 months after the effective date of this AD, modify the 
fluid drain path in the wing leading edge area, forward of the wing 
front spar, and do all applicable related investigative and 
corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 737-57-
1293, Revision 3, dated December 14, 2012. Do all applicable related 
investigative and corrective actions before further flight.

(h) Credit for Previous Actions

    This paragraph provides credit for the corresponding actions 
required by paragraph (g) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Special 
Attention Service Bulletin 737-57-1293, Revision 2, dated September 
28, 2011, which 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 the Related Information 
section of this AD. Information may be emailed to: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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.

(j) Related Information

    For more information about this AD, contact Ansel James, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone: 425-917-6497; fax: 425-917-6590; 
email: ansel.james@faa.gov.

(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 Special Attention Service Bulletin 737-57-1293, 
Revision 3, dated December 14, 2012.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may review copies of the referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, Washington. 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

[[Page 25380]]

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 April 5, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-09205 Filed 4-30-13; 8:45 am]
BILLING CODE 4910-13-P
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