AD 2013-13-15

[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Rules and Regulations]
[Pages 42415-42417]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-15963]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0302; Directorate Identifier 2013-NM-019-AD; 
Amendment 39-17503; AD 2013-13-15]
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 airworthiness directive (AD) 87-02-07, 
which applied to all The Boeing Company Model 737-100 and -200 series 
airplanes. AD 87-02-07 required replacement of certain underwing fuel 
tank access covers with stronger, fire-resistant covers. This new AD 
also requires inspecting fuel tank access doors to determine that 
impact-resistant access doors are installed in the correct locations, 
inspecting application of stencils and index markers of impact-
resistant access doors, doing corrective actions if necessary, revising 
the maintenance program, and adding airplanes to the applicability. 
This AD was prompted by reports of standard access doors installed 
where impact-resistant access doors are required, and reports of 
impact-resistant doors without stencils. We are issuing this AD to 
prevent foreign object penetration of the wing tank, which could lead 
to a fuel leak near ignition sources (engine, hot brakes), consequently 
leading to a fuel-fed fire.

DATES: This AD is effective August 20, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 20, 
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, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directate, 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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: Suzanne Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 
425-917-6438; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#c2b1b7b8a3acaca7ecaeb7a1aba7b082a4a3a3eca5adb4"><span class="__cf_email__" data-cfemail="6112141b000f0f044f0d1402080413210700004f060e17">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 87-02-07, Amendment 39-5506 (Docket No. 86-NM-
175-AD; 52 FR 518, January 7, 1987), (``AD 87-02-07''). AD 87-02-07 
applied to the specified products. The NPRM published in the Federal 
Register on April 10, 2013 (78 FR 21279). The NPRM proposed to continue 
to require replacement of certain underwing fuel tank access covers 
with stronger, fire-resistant covers. The NPRM also proposed to require 
inspecting fuel tank access doors to determine that impact-resistant 
access doors are installed in the correct

[[Page 42416]]

locations, inspecting application of stencils and index markers of 
impact-resistant access doors, doing corrective actions if necessary, 
revising the maintenance program, and adding airplanes to the 
applicability.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comment received.

Concurrence With NPRM (78 FR 21279, April 10, 2013)

    Boeing stated that it concurs with the content of the NPRM (78 FR 
21279, April 10, 2013).

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed--except for minor editorial changes. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (78 FR 21279, April 10, 2013) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 21279, April 10, 2013).

Costs of Compliance

    We estimate that this AD affects 128 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
----------------------------------------------------------------------------------------------------------------
Inspect, replace, and apply stencil     8 work-hours x $85 per                $0            $680         $87,040
 and index marker.                       hour = $680.
Revise maintenance program............  1 work-hour x $85 per                  0              85          10,880
                                         hour = $85.
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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) 
87-02-07, Amendment 39-5506 (Docket No. 86-NM-175-AD; 52 FR 518, 
January 7, 1987), and adding the following new AD:

2013-13-15 The Boeing Company: Amendment 39-17503; Docket No. FAA-
2013-0302; Directorate Identifier 2013-NM-019-AD.

(a) Effective Date

    This AD is effective August 20, 2013.

(b) Affected ADs

    This AD supersedes AD 87-02-07, Amendment 39-5506 (Docket No. 
86-NM-175-AD; 52 FR 518, January 7, 1987).

(c) Applicability

    This AD applies to The Boeing Company Model 737-100, -200, -
200C, and -300 series airplanes, certified in any category, as 
identified in Boeing Service Bulletin 737-28-1286, dated January 10, 
2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of standard access doors 
installed where impact-resistant access doors are required, and 
reports of impact-resistant doors without stencils. We are issuing 
this AD to prevent foreign object penetration of the wing tank, 
which could lead to a fuel leak near ignition sources (engine, hot 
brakes), consequently leading to a fuel-fed fire.

(f) Compliance

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

(g) Inspection and Corrective Actions

    Within 72 months after the effective date of this AD: Do a 
general visual inspection of the left-wing and right-wing fuel tank 
access doors to determine that impact-resistant access doors are 
installed in the correct locations, and an inspection for proper 
application of stencils and index markers of impact-resistant access 
doors; and do all applicable corrective actions; in accordance with 
the Accomplishment Instructions of Boeing Service Bulletin 737-28-
1286, dated January 10, 2012. Do all applicable corrective actions 
before further flight.

(h) Maintenance Program Revision

    Within 60 days after the effective date of this AD, revise the 
maintenance program to incorporate Airworthiness Limitation (AWL) 
57-AWL-01, Impact-Resistant Fuel Access Doors, as specified in 
Section C.,

[[Page 42417]]

Airworthiness Limitations (AWLs)--Fuel Systems, of the Boeing 737-
100/200/200C/300/400/500 Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), Document D6-38278-
CMR, Revision August 2012.

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

    After accomplishing the revision 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 (j) of this AD.

(j) 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: <a href="/cdn-cgi/l/email-protection#0c35214d4241215f696d78786069214d4f43214d41434f215e697d79697f787f4c6a6d6d226b637a"><span class="__cf_email__" data-cfemail="271e0a66696a0a74424653534b420a6664680a666a68640a75425652425453546741464609404851">[email&#160;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 required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane and the approval must 
specifically refer to this AD.

(k) Related Information

    For more information about this AD, contact Suzanne Lucier, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone: 425-917-6438; fax: 425-917-6590; 
email: <a href="/cdn-cgi/l/email-protection#582b2d223936363d76342d3b313d2a183e3939763f372e"><span class="__cf_email__" data-cfemail="ec9f99968d828289c280998f85899eac8a8d8dc28b839a">[email&#160;protected]</span></a>.

(l) 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 Service Bulletin 737-28-1286, dated January 10, 2012.
    (ii) Boeing 737-100/200/200C/300/400/500 Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs), Document D6-38278-CMR, Revision August 2012.
    (3) For Boeing 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 
<a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this service information at 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 Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on June 21, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-15963 Filed 7-15-13; 8:45 am]
BILLING CODE 4910-13-P