[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Proposed Rules]
[Pages 44744-44746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20545]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / 
Proposed Rules

[[Page 44744]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0900; Product Identifier 2017-NM-055-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes. This proposed AD was prompted by a report of wire 
damage on a fuel boost pump power cable, and a separate report of a 
fuel tank explosion on a similarly equipped airplane. This proposed AD 
would require the installation of new shielded wire bundles and 
convoluted liners within fuel tank conduits, and revision of the 
maintenance or inspection program, as applicable, to incorporate 
certain airworthiness limitations (AWLs). We are proposing this AD to 
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by November 13, 
2017.

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://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may 
view this referenced service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on 
the availability of this material at the FAA, call 425-227-1221. It is 
also available on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2017-0900.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0900; 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, 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: Christopher Baker, Aerospace Engineer, 
Propulsion Section, FAA, Seattle ACO Branch, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; phone: 425-917-6498; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#8be8e3f9e2f8ffe4fbe3eef9a5f9a5e9eae0eef9cbedeaeaa5ece4fd"><span class="__cf_email__" data-cfemail="2a49425843595e455a424f58045804484b414f586a4c4b4b044d455c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-0900; 
Product Identifier 2017-NM-055-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://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

    This proposed AD is further rulemaking following the interim action 
of AD 2007-24-02, Amendment 39-15268 (72 FR 65446, November 21, 2007) 
(``AD 2007-24-02''), which applies to all Boeing Model 737-100, -200, -
200C, -300, -400, -500 series airplanes. AD 2007-24-02 was prompted by 
reports of a fuel tank explosion on a Boeing Model 727-200F airplane 
and chafed wires and a damaged wiring sleeve on a fuel boost pump power 
cable in a Boeing Model 737-300 airplane. AD 2007-24-02 requires 
repetitive detailed inspections for damage of the electrical wire and 
sleeve that run to the fuel boost pump through a conduit in the fuel 
tank, to address potential electrical arcing between the wiring and the 
surrounding conduit that could result in arc-through of the conduit, 
consequent fire or explosion of the fuel tank, and subsequent loss of 
the airplane. The preamble to AD 2007-24-02 explains that its 
requirements are considered ``interim action'' and that we might 
consider further rulemaking. We now have determined that further 
rulemaking is necessary, and this proposed AD follows from that 
determination.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information.
    <bullet> Boeing Alert Service Bulletin 737-28A1273, Revision 1, 
dated March 14, 2017. This service information describes procedures for 
the installation of new shielded wire bundles and convoluted liners 
within fuel tank conduits.
    <bullet> Boeing 737-100/200/200C/300/400/500 Airworthiness 
Limitations (AWLs)/Certification Maintenance Requirements (CMRs), D6-
38278-CMR, dated May 2016. This service information describes new AWLs 
for inspecting the fuel tank wiring and conduits.
    This service information is reasonably available because the 
interested parties have access to it through their normal

[[Page 44745]]

course of business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    We considered a number of factors in determining whether to issue a 
new AD or to supersede AD 2007-24-02, including the size of the 
affected fleet and the consequent workload added by Boeing Alert 
Service Bulletin 737-28A1273, Revision 1, dated March 14, 2017. In 
light of this, the FAA has determined that the less burdensome approach 
is to issue a separate AD that includes only Boeing Alert Service 
Bulletin 737-28A1273, Revision 1, dated March 14, 2017. This proposed 
AD would not supersede AD 2007-24-02. Airplanes identified in the 
applicability of AD 2007-24-02 are required to continue to comply with 
the requirements of that AD until the corrective actions of this 
proposed AD are done, which would terminate the inspection and 
reporting requirements of AD 2007-24-02. This proposed AD is a separate 
AD action and would therefore require accomplishment of only those 
actions identified as ``RC'' (required for compliance) in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
28A1273, Revision 1, dated March 14, 2017, described previously, except 
for differences between this proposed AD and the service information 
that are identified in the regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this 
service information at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2017-0900.
    This proposed AD would also require revisions to certain operator 
maintenance documents to include new Critical Design Configuration 
Control Limitations (CDCCLs). Compliance with these CDCCLs is required 
by 14 CFR 91.403(c). For airplanes that have been previously modified, 
altered, or repaired in the areas addressed by this proposed AD, the 
operator may not be able to accomplish the actions described in the 
revisions. In this situation, to comply with 14 CFR 91.403(c), the 
operator must request approval for an alternative method of compliance 
according to paragraph (l) of this proposed AD. The request should 
include a description of changes to the required inspections that will 
ensure the continued operational safety of the airplane.

Explanation of Applicability

    Model 737 airplanes having line numbers 1 through 291 have a limit 
of validity (LOV) of 34,000 total flight cycles, and the actions 
proposed in this NPRM, as specified in Boeing Alert Service Bulletin 
737-28A1273, Revision 1, dated March 14, 2017, would be required at a 
compliance time occurring after that LOV. Although operation of an 
airplane beyond its LOV is prohibited by 14 CFR 121.1115 and 129.115, 
this NPRM includes those airplanes in the applicability so that they 
are tracked in the event the LOV is extended in the future.

Costs of Compliance

    We estimate that this proposed AD affects 499 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
----------------------------------------------------------------------------------------------------------------
Installation..........................  154 work-hours x $85 per          $5,561         $18,651      $9,306,849
                                         hour = $13,090.
Incorporation of Airworthiness          1 work-hour x $85 per                  0              85          42,415
 Limitations.                            hour = $85.
----------------------------------------------------------------------------------------------------------------

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

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

0
1. The authority citation for part 39 continues to read as follows:


[[Page 44746]]


    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):

The Boeing Company: Docket No. FAA-2017-0900; Product Identifier 
2017-NM-055-AD.

(a) Comments Due Date

    We must receive comments by November 13, 2017.

(b) Affected ADs

    This AD affects AD 2007-24-02, Amendment 39-15268 (72 FR 65446, 
November 21, 2007) (``AD 2007-24-02'').

 (c) Applicability

    This AD applies to all The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of chafed wires and a damaged 
wiring sleeve on a fuel boost pump power cable, and an on-ground 
fuel tank explosion. We are issuing this AD to prevent electrical 
arcing between the fuel boost pump power cable wiring and the 
surrounding conduit, which could lead to arc-through of the conduit, 
consequent fire or explosion of the fuel tank, and subsequent loss 
of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For Group 1 and Group 2 airplanes identified in Boeing Alert 
Service Bulletin 737-28A1273, Revision 1, dated March 14, 2017: 
Except as required by paragraph (j) of this AD, at the applicable 
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 737-28A1273, Revision 1, dated March 14, 2017, do 
all applicable actions identified as required for compliance 
(``RC'') in, and in accordance with, the Accomplishment Instructions 
of Boeing Alert Service Bulletin 737-28A1273, Revision 1, dated 
March 14, 2017.
    (2) For airplanes identified as Group 3 in Boeing Alert Service 
Bulletin 737-28A1273, Revision 1, dated March 14, 2017: Within 120 
days after the effective date of this AD, inspect the airplane and 
do all applicable corrective actions using a method approved in 
accordance with the procedures specified in paragraph (l) of this 
AD.

(h) Revision of Maintenance or Inspection Program

    Within 60 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate the 
applicable Airworthiness Limitations (AWLs) from Boeing 737-100/200/
200C/300/400/500 Airworthiness Limitations (AWLs)/Certification 
Maintenance Requirements (CMRs), D6-38278-CMR, dated May 2016, as 
identified in paragraphs (h)(1) and (h)(2) of this AD.
    (1) 28-AWL-18 and 28-AWL-26, ``Fuel Boost Pump Wires In Conduit 
Installation--In Fuel Tank,'' for Boeing Model 737-100, -200, -200C 
series airplanes.
    (2) 28-AWL-18 and 28-AWL-25, ``Fuel Boost Pump Wires In Conduit 
Installation--In Fuel Tank,'' for Boeing Model 737-300, -400, -500 
series airplanes.

(i) No Alternative Critical Design Configuration Control Limitations 
(CDCCLs)

    After the maintenance or inspection program, as applicable, has 
been revised as required by paragraph (h) of this AD, no alternative 
CDCCLs may be used unless the CDCCLs are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (l) of this AD.

(j) Exceptions to Service Information Specifications

    Where Boeing Alert Service Bulletin 737-28A1273, Revision 1, 
dated March 14, 2017, uses the phrase ``after the original issue 
date of this service bulletin,'' for purposes of determining 
compliance with the requirements of this AD, the phrase ``after the 
effective date of this AD'' must be used.

(k) Terminating Action for Requirements of AD 2007-24-02

    Accomplishment of the actions required by paragraph (g) of this 
AD terminates all requirements of AD 2007-24-02.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, 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 certification office, send it to the attention of 
the person identified in paragraph (m)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#5b62761a151676171a1a1814761a16141876093e2a2e3e282f281b3d3a3a753c342d"><span class="__cf_email__" data-cfemail="fac3d7bbb4b7d7b6bbbbb9b5d7bbb7b5b9d7a89f8b8f9f898e89ba9c9b9bd49d958c">[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.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Los Angeles ACO Branch, to make those findings. To be 
approved, the repair method, modification deviation, or alteration 
deviation must meet the certification basis of the airplane, and the 
approval must specifically refer to this AD.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(l)(4)(i) and (l)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(m) Related Information

    (1) For more information about this AD, contact Christopher 
Baker, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO 
Branch, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6498; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#55363d273c26213a253d30277b277b37343e3027153334347b323a23"><span class="__cf_email__" data-cfemail="22414a504b51564d524a47500c500c4043494750624443430c454d54">[email protected]</span></a>.
    (2) For information about AMOCs, contact Serj Harutunian, 
Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5254; fax: 562-627-5210; email: <a href="/cdn-cgi/l/email-protection#0f7c6a7d6521676e7d7a7b7a61666e614f696e6e21686079"><span class="__cf_email__" data-cfemail="e59680978fcb8d84979091908b8c848ba5838484cb828a93">[email protected]</span></a>.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 1601 Lind Avenue 
SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on September 20, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-20545 Filed 9-25-17; 8:45 am]
 BILLING CODE 4910-13-P


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