[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Proposed Rules]
[Pages 15638-15640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6468]


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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]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -
900 and -900ER series airplanes. That NPRM 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. That NPRM 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 action revises 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. This action also revises the 
applicability to include additional airplanes. We are proposing 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. 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: We must receive comments on this supplemental NPRM by April 30, 
2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to 
http:[sol][sol]www.regulations.gov. Follow the instructions for 
submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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; email <a href="/cdn-cgi/l/email-protection#acc1c982cec3c9cfc3c1eccec3c9c5c2cb82cfc3c1"><span class="__cf_email__" data-cfemail="0f626a216d606a6c60624f6d606a666168216c6062">[email protected]</span></a>; 
Internet https:[sol][sol]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:[sol][sol]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 proposed AD (74 FR 
15683, April 7, 2009), 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: Chris Parker, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton,

[[Page 15639]]

Washington 98057-3356; phone: 425-917-6496; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#e08388928993ce92ce9081928b8592a0868181ce878f96"><span class="__cf_email__" data-cfemail="80e3e8f2e9f3aef2aef0e1f2ebe5f2c0e6e1e1aee7eff6">[email protected]</span></a>.

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-2009-0288; 
Directorate Identifier 2008-NM-214-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to 
http:[sol][sol]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

    We issued an NPRM to amend 14 CFR part 39 to include an AD that 
would apply to Model 737-600, -700, -700C, -800, -900 and -900ER series 
airplanes. That NPRM published in the Federal Register on April 7, 2009 
(74 FR 15683). That NPRM 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.

Actions Since Previous NPRM Was Issued

    Since we issued the previous NPRM (74 FR 15683, April 7, 2009), 
Boeing issued Special Attention Service Bulletin 737-57-1293, Revision 
2, dated September 28, 2011, to add actions to the modification of the 
fluid drain path in the wing leading edge area, forward of the wing 
front spar. The additional actions are installing new seal disks on the 
latches in the fuel shutoff valve access door. Boeing Special Attention 
Service Bulletin 737-57-1293, Revision 2, dated September 28, 2011, 
also adds airplanes with line numbers 2438 through 3833 inclusive to 
the effectivity. The service information also changed the general 
visual inspection of the countersink diameter for the bonding jumper 
fastener hole to a detailed inspection.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(74 FR 15683, April 7, 2009). The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Extend Compliance Time

    Air Transport Association, on behalf of its members American 
Airlines (AAL) and AirTran Airways, requested that we extend the 
compliance time of the proposed AD (74 FR 15683, April 7, 2009). AAL 
requested that the proposed compliance time of 24 months be changed to 
72 months. AAL stated that the proposed compliance time of 24 months 
does not integrate into the current operator maintenance program 
without significant aircraft maintenance planning adjustments and 
additional costs. AAL stated that a 72-month compliance time would fit 
within the maintenance review board heavy C-check schedule.
    We do not agree with the commenter's request to extend the 
compliance time. Extending the compliance time to 72 months would 
result in an unacceptable level of risk for the Model 737-600, -700, -
700C, -800, -900, and -900ER fleet. We have determined that the 
compliance time of 24 months represents the maximum interval of time 
allowable for the affected airplanes to continue to safely operate 
before the modification is done. Under the provisions of paragraph (h) 
of this supplemental NPRM, however, we may consider requests for 
adjustments to the compliance time if data are submitted to 
substantiate that such an adjustment would provide an acceptable level 
of safety. We have not changed the supplemental NPRM in this regard.

Request To Refer to Revised Service Bulletin

    Boeing and the Air Transport Association, on behalf of its member 
AAL, requested that we refer to Boeing Special Attention Service 
Bulletin 737-57-1293, Revision 1, dated January 11, 2010, in order to 
incorporate new changes and to prevent issuance of alternative methods 
of compliance (AMOC).
    We disagree with the request to refer to Boeing Special Attention 
Service Bulletin 737-57-1293, Revision 1, dated January 11, 2010. Since 
the date of the commenters' requests, Boeing has issued Special 
Attention Service Bulletin 737-57-1293, Revision 2, dated September 28, 
2011 (described previously), which adds more new changes. We have 
changed paragraphs (c) and (g) of this supplemental NPRM to refer to 
Boeing Special Attention Service Bulletin 737-57-1293, Revision 2, 
dated September 28, 2011.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs. Certain changes described above expand the scope of 
the original NPRM (74 FR 15683, April 7, 2009). 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 supplemental 
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions 
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 1,072 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed 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.
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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[[Page 15640]]

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 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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2009-0288; Directorate Identifier 
2008-NM-214-AD.

(a) Comments Due Date

    We must receive comments by April 30, 2012.

(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 2, dated September 28, 2011.

(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, by accomplishing all applicable actions 
specified in the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 737-57-1293, Revision 2, dated September 
28, 2011. Do all applicable related investigative and corrective 
actions before further flight.

(h) Alternative Methods of Compliance (AMOCs)

    (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. 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: <a href="/cdn-cgi/l/email-protection#526b7f131c1f7f01373326263e377f13111d7f131f1d117f0037232737212621123433337c353d24"><span class="__cf_email__" data-cfemail="f4cdd9b5bab9d9a7919580809891d9b5b7bbd9b5b9bbb7d9a691858191878087b4929595da939b82">[email protected]</span></a>.
    (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.

(i) Related Information

    (1) For more information about this AD, contact Chris R. Parker, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone: 425-917-6496; fax: 425-917-6590; 
email: <a href="/cdn-cgi/l/email-protection#ddbeb5afb4aef3aff3adbcafb6b8af9dbbbcbcf3bab2ab"><span class="__cf_email__" data-cfemail="dfbcb7adb6acf1adf1afbeadb4baad9fb9bebef1b8b0a9">[email protected]</span></a>.
    (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; email 
<a href="/cdn-cgi/l/email-protection#016c642f636e64626e6c41636e64686f662f626e6c"><span class="__cf_email__" data-cfemail="aec3cb80ccc1cbcdc1c3eeccc1cbc7c0c980cdc1c3">[email protected]</span></a>; 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.

    Issued in Renton, Washington, on February 23, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-6468 Filed 3-15-12; 8:45 am]
BILLING CODE 4910-13-P


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