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[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Rules and Regulations]
[Pages 70357-70360]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28029]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0591; Directorate Identifier 2012-NM-015-AD; 
Amendment 39-17264; AD 2012-23-08]
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 superseding an existing airworthiness directive (AD) 
for certain The Boeing Company Model 737-600, -700, -700C, -800, and -
900 series airplanes. That AD currently requires replacing the drain 
tube assemblies and support clamps on the aft fairing of the engine 
struts. This new AD requires replacing the drain tube assembly of the 
left and right engine strut aft fairings with a new one, which includes 
an integral support clamp made of nickel alloy 625. This AD also adds 
airplanes to the applicability. This AD was prompted by a report of a 
broken drain tube assembly on the left engine strut at the clamp 
support location under the aft fairing compartment, inside the heat 
shield cavity of the aft fairing. There have also been reports of tube 
wear at this clamp location on additional airplanes. We are issuing 
this AD to prevent failure of the drain tube assemblies and clamps on 
the aft fairings of the engine struts. Such failure could allow leaked 
flammable fluids in the drain systems to discharge onto the heat 
shields of the aft fairings of the engine struts, which could result in 
an undetected and uncontrollable fire.

DATES: This AD is effective December 31, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 31, 
2012.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, P. 
O. Box 3707, MC 2H-65, Seattle, WA 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, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221.

[[Page 70358]]

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, WA 98057-3356; phone: 425-917-
6497; fax: 425-917-6590; email: ansel.james@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2008-08-24, Amendment 39-15478 (73 FR 21242, 
April 21, 2008). That AD applies to the specified products. The NPRM 
published in the Federal Register on June 12, 2012 (77 FR 34879). That 
NPRM proposed to require replacing the drain tube assembly of the left 
and right engine strut aft fairings with a new one which includes an 
integral support clamp made of nickel alloy 625. That NPRM also 
proposed to add airplanes to the applicability.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 34879, June 12, 2012) and the FAA's response to each comment.

Support for the NPRM (77 FR 34879, June 12, 2012)

    United Airlines supports the 60-month compliance time specified in 
the NPRM (77 FR 34879, June 12, 2012).

Clarification of Effect of Winglet Installation

    Aviation Partners Boeing stated that accomplishing the supplemental 
type certificate (STC) ST00830SE does not affect the actions specified 
in the NPRM (77 FR 34879, June 12, 2012).
    We concur. We have added new paragraph (c)(2) to this AD, which 
states that STC ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does 
not affect the ability to accomplish the actions required by this AD. 
Therefore, for airplanes on which STC ST00830SE 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 section 39.17 of the Federal Aviation Regulations. For all other 
AMOC requests, the operator must request approval for an AMOC in 
accordance with the procedures specified in paragraph (h) of this AD.

Request To Extend Compliance Time

    American Airlines (AAL) requested that the compliance time 
specified in paragraph (g) of the NPRM (77 FR 34879, June 12, 2012) be 
extended from 60 to 72 months. AAL stated that the routine maintenance 
schedule does not allow for accomplishment of the replacements during 
the proposed compliance time. AAL stated that the compliance time could 
be extended for all airplanes without jeopardizing aviation safety.
    We disagree with the request to change the compliance time. In 
developing an appropriate compliance time for this AD, we considered 
not only the safety implications, but the manufacturer's 
recommendations, the availability of required parts, and the practical 
aspect of accomplishing the actions within an interval of time that 
corresponds to typical scheduled maintenance for affected operators. 
Under the provisions of paragraph (h) of the final rule, however, we 
may consider requests for adjustments to the compliance time if data 
are submitted to substantiate that such adjustments would provide an 
acceptable level of safety. No change has been made to this AD in this 
regard.

Request To Revise Paragraph (f) of the NPRM (77 FR 34879, June 12, 
2012) To Include Terminating Action

    AAL requested that we revise paragraph (f) of the NPRM (77 FR 
34879, June 12, 2012) to state that accomplishment of Boeing Special 
Attention Service Bulletin 737-54-1043, Revision 2, dated November 4, 
2011, constitutes a terminating action for the specified unsafe 
condition and that no further action is required.
    We disagree with the request to revise paragraph (f) of the NPRM 
(77 FR 34879, June 12, 2012). The action required by paragraph (g) of 
this AD, which is specified in the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 737-54-1043, Revision 2, 
dated November 4, 2011, is the only action required by this AD. If 
operators have previously accomplished the actions specified in Boeing 
Special Attention Service Bulletin 737-54-1043, Revision 2, dated 
November 4, 2011, they are in compliance with the AD, as specified in 
paragraph (f) of this AD. No change has been made to this AD in this 
regard.

Request To Clarify Conflicting AMOC Statements

    Alaska Airlines (ASA) requested clarification regarding conflicting 
AMOC statements. ASA stated that paragraph (h)(3) of the NPRM (77 FR 
34879, June 12, 2012) does not allow AMOCs approved for AD 2008-08-24, 
Amendment 39-15478 (73 FR 21242, April 21, 2008), to be used for the 
actions proposed in the NPRM. However, ASA pointed out that Boeing 
Special Attention Service Bulletin 737-54-1043, Revision 2, dated 
November 4, 2011, states that it is an approved AMOC for paragraphs (f) 
and (h) of AD 2008-08-24. ASA also requested credit for actions done 
previously using Boeing Special Attention Service Bulletin 737-54-1043, 
Revision 2, dated November 4, 2011.
    We agree to clarify. Paragraph 1.F., ``Approval,'' of Boeing 
Special Attention Service Bulletin 737-54-1043, Revision 2, dated 
November 4, 2011, states that the actions specified in that service 
bulletin are approved as an AMOC for paragraphs (f) and (h) of AD 2008-
08-24, Amendment 39-15478 (73 FR 21242, April 21, 2008). That AMOC 
approval allows operators to use Boeing Special Attention Service 
Bulletin 737-54-1043, Revision 2, dated November 4, 2011, to comply 
with AD 2008-08-24. However, on the effective date of this AD, AD 2008-
08-24 will be superseded (i.e., will no longer exist), and the fact 
that Boeing Special Attention Service Bulletin 737-54-1043, Revision 2, 
dated November 4, 2011, refers to AD 2008-08-24 will be moot. This AD 
requires the accomplishment of the actions of that service bulletin as 
the primary means of compliance with this AD, and not as an AMOC.
    The intent of paragraph (h)(3) of this AD is to prevent the use of 
any AMOC for AD 2008-08-24, Amendment 39-15478 (73 FR 21242, April 21, 
2008), as an AMOC for this new AD. This new AD requires accomplishment 
of Boeing Special Attention Service Bulletin 737-54-1043, Revision 2, 
dated November 4, 2011. No credit is given for Boeing Special Attention 
Service Bulletin 737-54-1043, Revision 1, dated October 19,

[[Page 70359]]

2009; or Boeing Special Attention Service Bulletin 737-54-1043, dated 
May 2, 2007; because additional work is necessary for airplanes on 
which Boeing Special Attention Service Bulletin 737-54-1043, Revision 
1, dated October 19, 2009; or Boeing Special Attention Service Bulletin 
737-54-1043, dated May 2, 2007; was accomplished. No change has been 
made to 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 
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 
NPRM (77 FR 34879, June 12, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 34879, June 12, 2012).

Costs of Compliance

    We estimate that this AD affects 1,098 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
----------------------------------------------------------------------------------------------------------------
Replacement...........................  14 work-hours x $85 per          $12,326         $13,516     $14,840,568
                                         hour = $1,190.
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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

    We have determined that 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 removing airworthiness directive (AD) 
2008-08-24, Amendment 39-15478 (73 FR 21242, April 21, 2008), and 
adding the following new AD:

2012-23-08 The Boeing Company: Amendment 39-17264; Docket No. FAA-
2012-0591; Directorate Identifier 2012-NM-015-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective December 31, 
2012.

(b) Affected ADs

    This AD supersedes AD 2008-08-24, Amendment 39-15478 (73 FR 
21242, April 21, 2008).

(c) Applicability

    (1) 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 
737-54-1043, Revision 2, dated November 4, 2011.
    (2) Supplemental Type Certificate (STC) ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST00830SE 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. For all other AMOC requests, the 
operator must request approval for an AMOC in accordance with the 
procedures specified in paragraph (h) of this AD.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 54, Nacelles/pylons.

(e) Unsafe Condition

    This AD was prompted by a report of a broken drain tube assembly 
on the aft fairing of the left engine strut at the clamp support 
location under the aft fairing compartment, inside the heat shield 
cavity of the aft fairing. There have also been reports of tube wear 
at the clamp location on additional airplanes. We are issuing this 
AD to prevent failure of the drain tube assemblies and clamps on the 
aft fairings of the engine struts. Such failure could allow leaked 
flammable fluids in the drain systems to discharge onto the heat 
shields of the aft fairings of the engine struts, which could result 
in an undetected and uncontrollable fire.

(f) Compliance

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

(g) Replacement

    Within 60 months after the effective date of this AD, replace 
the drain tube assemblies and support clamps on the aft fairing of 
the struts of engines 1 and 2 with new drain tube assemblies and 
clamps, in accordance with the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 737-54-1043, Revision 2, dated 
November 4, 2011.

[[Page 70360]]

(h) 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: 9-ANM-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.
    (3) AMOCs approved previously in accordance with AD 2008-08-24, 
Amendment 39-15478 (73 FR 21242, April 21, 2008), are not approved 
as AMOCs with this AD.

(i) 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, WA 
98057-3356; phone: 425-917-6497; fax: 425-917-6590; email: 
ansel.james@faa.gov.

(j) 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 737-54-1043, 
Revision 2, dated November 4, 2011.
    (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, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; 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 November 9, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-28029 Filed 11-23-12; 8:45 am]
BILLING CODE 4910-13-P
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