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[Federal Register: January 14, 2010 (Volume 75, Number 9)]
[Rules and Regulations]               
[Page 2062-2064]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja10-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0657; Directorate Identifier 2009-NM-048-AD; 
Amendment 39-16175; AD 2010-02-04]
RIN 2120-AA64

 
Airworthiness Directives; The Boeing Company Model 737-600, -700, 
-700C, -800, -900, and -900ER Series 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 
Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. 
This AD requires replacing the engine fuel shutoff valves for the left 
and right main tanks. This AD results from a report of a failed engine 
start, which was caused by an internally fractured engine fuel shutoff 
valve. We are issuing this AD to prevent the failure of the valve in 
the closed position, open position, or partially open position, which 
could result in engine fuel flow problems and possible uncontrolled 
fuel leak or fire.

DATES: This AD is effective February 18, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 18, 
2010.

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; e-mail me.boecom@boeing.com; 
Internet https://www.myboeingfleet.com.

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 (telephone 800-647-5527) is the 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: Samuel Spitzer, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6510; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes. That NPRM was published in the Federal Register on July 29, 
2009

[[Page 2063]]

(74 FR 37657). That NPRM proposed to require replacing the engine fuel 
shutoff valves for the left and right main tanks.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the commenters.

Support for the NPRM

    Boeing concurs with the contents of the NPRM. Continental Airlines 
has no technical objections to the NPRM.

Request To Clarify Use of Valve Bodies

    Continental Airlines states that the NPRM affects the engine fuel 
shutoff valves, and paragraph (i) of the NPRM prohibits installing any 
valve with ITT Aerospace Controls part number 125334D-1 (Boeing part 
number S343T003-40) that has been removed from the spar location on any 
airplane in any location unless it has been modified in accordance with 
Boeing Service Bulletin 737-28-1272, dated October 31, 2008, to the new 
ITT 125334D-2 part number (Boeing part number S343T003-67).
    We infer that Continental Airlines asks that we clarify whether the 
removed valve can be reused on airplanes in any location. We agree to 
provide clarification. These valves may not be used in any location on 
the airplane unless they have been modified in accordance with Boeing 
Service Bulletin 737-28-1272, dated October 31, 2008, to the new ITT 
125334D-2 part number (Boeing part number S343T003-67). We have not 
changed the AD in this regard.

Request To Increase the Cost of Compliance

    Air Transport Association (ATA), on behalf of its member American 
Airlines, requests that we increase the costs of compliance to reflect 
34 work-hours instead of 26 work-hours. ATA states that the ITT 
Aerospace Controls service bulletin includes 4 hours for each engine 
fuel spar valve body. Each Boeing Model 737-600, -700, -700C, -800, -
900, and -900ER series airplane has 2 valve bodies in the engine fuel 
shutoff valve position.
    We disagree with the request to increase the cost of compliance. 
Boeing Service Bulletin 737-28-1272, dated October 31, 2008, provides 
the option to return the valve to the supplier for modification, and 
therefore, the actions identified by the commenter are not mandatory. 
Because the additional costs cited by the ATA are optional to 
operators, we do not consider those costs in our determination of the 
cost of compliance. We have not changed the AD in this regard.

Request To Extend the Compliance Time

    ATA, on behalf of its member American Airlines, requests that we 
extend the compliance time from 60 months to 72 months after the 
effective date of the AD. The commenter states that maintenance 
schedules may not allow for accomplishment of the required actions on 
all affected aircraft within the compliance time, depending on the 
effective date of the AD.
    We disagree with the request to extend the compliance time. The 60-
month compliance time was established to maintain an acceptable level 
of safety across the 737 fleet in consideration of the valve failure 
rate, consequence of the failure, and practicality of incorporating the 
corrective actions. The commenter has not offered rationale for 
extending the compliance time. In developing an appropriate compliance 
time for this action, we considered the urgency associated with the 
subject unsafe condition, the availability of required parts, and the 
practical aspect of accomplishing the required modification within a 
period of time that corresponds to the normal scheduled maintenance for 
most affected operators. According to the manufacturer, an ample number 
of required parts will be available to modify the U.S. fleet within the 
proposed compliance time. However, according to the provisions of 
paragraph (j) of the final rule, we may approve requests to adjust the 
compliance time if the request includes data that prove the new 
compliance time would provide an acceptable level of safety. We have 
not changed the AD in this regard.

Explanation of Changes Made to This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 883 airplanes of U.S. registry. We 
also estimate that it takes 26 work-hours per product to comply with 
this AD. The average labor rate is $80 per work-hour. Required parts 
cost up to $8,496 per product. Based on these figures, we estimate the 
cost of this AD to the U.S. operators to be up to $9,338,608, or 
$10,576 per product.

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), and
    (3) 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 2064]]

Adoption of the Amendment

0
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 AD:

2010-02-04 The Boeing Company: Amendment 39-16175. Docket No. FAA-
2009-0657; Directorate Identifier 2009-NM-048-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective February 18, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) 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 Service Bulletin 737-28-1272, 
dated October 31, 2008.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) This AD requires replacing engine fuel shutoff valves for 
the left and right main tanks. This AD results from a report of a 
failed engine start, which was caused by an internally fractured 
engine fuel shutoff valve. We are issuing this AD to prevent the 
failure of the valve in the closed position, open position, or 
partially open position, which could result in engine fuel flow 
problems and possible uncontrolled fuel leak or fire.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement of the Engine Fuel Spar Valve Body of the Left and Right 
Wing Main Tanks

    (g) Within 60 months after the effective date of this AD: 
Replace the engine fuel spar valve bodies of the left and right wing 
main tanks in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 737-28-1272, dated October 31, 2008.

    Note 1: Boeing Service Bulletin 737-28-1272, dated October 31, 
2008, refers to ITT Aerospace Controls Service Bulletin 125334D-28-
02, dated August 27, 2008, as an additional source of guidance for 
modifying the valve body assembly.

Parts Installation

    (h) As of the effective date of this AD, no person may install 
any engine fuel shutoff valve with ITT Aerospace Controls part 
number 125334D-1 (Boeing part number S343T003-40) on any airplane at 
the spar valve location. A valve that has been modified in 
accordance with Boeing Service Bulletin 737-28-1272, dated October 
31, 2008, to the new ITT 125334D-2 part number (Boeing part number 
S343T003-67) may be installed at the spar valve location.
    (i) As of the effective date of this AD, no valve with ITT 
Aerospace Controls part number 125334D-1 (Boeing part number 
S343T003-40) that has been removed from the spar location may be 
reinstalled on any airplane in any location unless it has been 
modified in accordance with Boeing Service Bulletin 737-28-1272, 
dated October 31, 2008, to the new ITT 125334D-2 part number (Boeing 
part number S343T003-67).

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Samuel Spitzer, Aerospace Engineer, Propulsion Branch, ANM-140S, 
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 917-6510; fax (425) 
917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin 737-28-1272, dated 
October 31, 2008, to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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; e-mail 
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the 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 or 425-227-1152.
    (4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-398 Filed 1-13-10; 8:45 am]
BILLING CODE 4910-13-P
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