AD 2013-15-14

[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Rules and Regulations]
[Pages 49910-49913]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-19811]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0207; Directorate Identifier 2011-NM-071-AD; 
Amendment 39-17530; AD 2013-15-14]
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) 2008-06-29, 
which applied to all The Boeing Company Model 737-300, -400, and -500 
series airplanes. AD 2008-06-29 required repetitive inspections of the 
downstop assemblies on the main tracks of the No. 2, 3, 4, and No. 5 
slats and the inboard track of the No. 1 and 6 slats to verify if any 
parts are missing, damaged, or in the wrong order; other specified 
actions; and related investigative and corrective actions if necessary. 
This new AD retains these requirements and adds an inspection of the 
slat can interior for foreign object debris (FOD), and removal of any 
FOD found; modification of the slat track hardware; an inspection for 
FOD and for damage to the interior surface of the slat cans; and 
related investigative and corrective actions, if necessary. This AD was 
prompted by development of a modification by the manufacturer, which, 
when installed, would terminate the repetitive inspections. We are 
issuing this AD to prevent loose or missing parts in the main slat 
track downstop assemblies, which could puncture the slat track housing 
and result in a fuel leak and consequent fire.

DATES: This AD is effective September 20, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
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, Washington 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 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 <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: Nancy Marsh, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA,

[[Page 49911]]

Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., 
Renton, Washington 98057-3356; phone: (425) 917-6440; fax: (425) 917-
6590; email: <a href="/cdn-cgi/l/email-protection#7e101f101d0750131f0c0d163e181f1f50191108"><span class="__cf_email__" data-cfemail="600e010e03194e0d01121308200601014e070f16">[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 2008-06-29, Amendment 39-15441 (73 FR 15397, 
March 24, 2008) (``AD 2008-06-29''). AD 2008-06-29 applied to the 
specified products. The NPRM published in the Federal Register on March 
11, 2013 (78 FR 15332). The NPRM proposed to continue to require 
repetitive inspections of the downstop assemblies on the main tracks of 
the No. 2, 3, 4, and No. 5 slats and the inboard track of the No. 1 and 
6 slats to verify if any parts are missing, damaged, or in the wrong 
order; other specified actions; and related investigative and 
corrective actions if necessary. The NPRM also proposed to add an 
inspection of the slat can interior for foreign object debris (FOD), 
and removal of any FOD found; modification of the slat track hardware; 
an inspection for FOD and for damage to the interior surface of the 
slat cans; and related investigative and corrective actions, if 
necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 15332, March 11, 2013) and the FAA's response to each comment.

Concurrence With NPRM (78 FR 15332, March 11, 2013)

    Boeing stated that it concurs with the content of the proposed rule 
(78 FR 15332, March 11, 2013).

Statement Regarding Installation of Winglets

    Aviation Partners Boeing (APB) stated that the installation of 
winglets per STC ST01219SE (<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se</a>) does 
not affect the actions specified in the NPRM (78 FR 15332, March 11, 
2013).
    We concur. We have added new paragraph (c)(2) to this AD, which 
states that STC ST01219SE (<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se</a>) does 
not affect the ability to accomplish the actions required by this AD. 
Therefore, for airplanes on which STC ST01219SE is installed, a 
``change in product'' alternative method of compliance (AMOC) approval 
request is not necessary to comply with the requirements of Section 
39.17 of the Federal Aviation Regulations (14 CFR 39.17). For all other 
AMOC requests, the operator must request approval of an AMOC in 
accordance with the procedures specified in paragraph (k) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the change described previously--and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (78 FR 15332, March 11, 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 15332, March 11, 2013).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 568 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
----------------------------------------------------------------------------------------------------------------
Inspection of slat track housing        4 work-hours x $85 per                $0            $340        $193,120
 [retained actions from AD 2008-06-29    hour = $340 per
 (73 FR 15397, March 24, 2008)].         inspection cycle.
One-time detailed inspection of slat    5 work-hours x $85 per                 0             425         241,400
 can [new action].                       hour = $85.
Installation of modification [new       12 work-hours x $85 per            3,124           4,144       2,353,792
 action].                                hour = $1,020.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition actions specified in this AD.

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.

[[Page 49912]]

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) 
2008-06-29, Amendment 39-15441 (73 FR 15397, March 24, 2008), and 
adding the following new AD:

2013-15-14 The Boeing Company: Amendment 39-17530; Docket No. FAA-
2013-0207; Directorate Identifier 2011-NM-071-AD.

(a) Effective Date

    This AD is effective September 20, 2013.

(b) Affected ADs

    This AD supersedes AD 2008-06-29, Amendment 39-15441 (73 FR 
15397, March 24, 2008).

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-300, -
400, and -500 series airplanes, certificated in any category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01219SE (<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se</a>) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01219SE 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.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57: Wings.

(e) Unsafe Condition

    This AD was prompted by reports of fuel leaking from a puncture 
in the slat track housing (referred to as ``slat can''). We are 
issuing this AD to prevent loose or missing parts in the main slat 
track downstop assemblies, which could puncture the slat track 
housing and result in a fuel leak and consequent fire.

(f) Compliance

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

(g) Retained Inspection of Downstop Assemblies and Corrective Action

    This paragraph restates the requirements of paragraph (f) of AD 
2008-06-29, Amendment 39-15441 (73 FR 15397, March 24, 2008), with 
revised service information. At the applicable times specified in 
Table 1 of paragraph 1.E. of Boeing Alert Service Bulletin 737-
57A1301, dated February 5, 2008; or Boeing Service Bulletin 737-
57A1301, Revision 3, dated August 11, 2011; except as provided by 
paragraph (g)(1) of this AD: Do a detailed inspection or borescope 
inspection of the downstop assemblies on the main tracks of the No. 
2, 3, 4, and 5 slats and the inboard track of the No. 1 and 6 slats 
to verify if any parts are missing, damaged, or installed in the 
wrong order; and do all the other specified, related investigative, 
and corrective actions as applicable; by accomplishing all of the 
applicable actions specified in the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-57A1301, dated February 5, 2008; 
or Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11, 
2011; except as provided by paragraphs (g)(2) and (g)(3) of this AD. 
Repeat the inspection thereafter at the applicable times specified 
in Table 1 of paragraph 1.E. of Boeing Alert Service Bulletin 737-
57A1301, dated February 5, 2008; or Boeing Service Bulletin 737-
57A1301, Revision 3, dated August 11, 2011. Do all applicable 
related investigative and corrective actions before further flight. 
As of the effective date of this AD, only Boeing Service Bulletin 
737-57A1301, Revision 3, dated August 11, 2011, may be used to 
accomplish the actions required by this paragraph.
    (1) Where Boeing Alert Service Bulletin 737-57A1301, dated 
February 5, 2008, or Boeing Service Bulletin 737-57A1301, Revision 
3, dated August 11, 2011, specifies counting the compliance time 
from ``the date on the service bulletin,'' this AD requires counting 
the compliance time from April 8, 2008 (the effective date of AD 
2008-06-29, Amendment 39-15441 (73 FR 15397, March 24, 2008)).
    (2) For airplanes on which any downstop assembly part is missing 
or damaged, a borescope inspection of the inside of the slat track 
housing for loose parts and damage to the wall of the slat track 
housing may be accomplished in lieu of the detailed inspection of 
the inside of the slat track housing that is specified in Boeing 
Alert Service Bulletin 737-57A1301, dated February 5, 2008; or 
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11, 
2011. As of the effective date of this AD, only Boeing Service 
Bulletin 737-57A1301, Revision 3, dated August 11, 2011, may be used 
to do the actions specified in this paragraph.
    (3) If any damaged slat track housing is found during any 
inspection required by paragraph (g) of this AD: Before further 
flight, repair in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11, 
2011; replace the slat can with a new slat can having the same part 
number, in accordance with the Accomplishment Instructions of Boeing 
Service Bulletin 737-57A1301, Revision 3, dated August 11, 2011; or 
repair the slat can using a method approved in accordance with the 
procedures specified in paragraph (k) of this AD.

(h) New Detailed Inspection for Foreign Object Debris (FOD)

    Within 24 months after the effective date of this AD, do a one-
time detailed inspection of the slat can interior to detect FOD, in 
accordance with Part III of the Accomplishment Instructions of 
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11, 
2011. If any FOD is found, before further flight, remove it, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 737-57A1301, Revision 3, dated August 11, 2011.

(i) New Modification and Inspection

    Within 72 months or 15,000 flight cycles, whichever occurs 
first, after the effective date of this AD: Modify the slat track 
hardware by installing new downstop assembly hardware, and do a 
detailed inspection for FOD and a one-time inspection for damage to 
the interior surface of the slat can for the inboard and outboard 
tracks of slats 2 through 5, and the inboard slats of tracks 1 and 
6; and do all applicable related investigative and corrective 
actions; in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11, 
2011. Do all applicable related investigative and corrective actions 
before further flight. Accomplishment of the actions required by 
this paragraph terminates the inspections required by paragraphs (g) 
and (h) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g), (h), and (i) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Alert 
Service Bulletin 737-57A1301, Revision 1, dated September 24, 2009; 
or Boeing Alert Service Bulletin 737-57A1301, Revision 2, dated 
January 17, 2011; which are not incorporated by reference in this 
AD.

(k) 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#f3cadeb2bdbedea0969287879f96deb2b0bcdeb2bebcb0dea196828696808780b3959292dd949c85"><span class="__cf_email__" data-cfemail="2e17036f6063037d4b4f5a5a424b036f6d61036f63616d037c4b5f5b4b5d5a5d6e484f4f00494158">[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

[[Page 49913]]

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.
    (4) AMOCs approved previously in accordance with AD 2008-06-29, 
Amendment 39-15441 (73 FR 15397, March 24, 2008), are approved as 
AMOCs for the corresponding provisions of this AD.

(l) Related Information

    For more information about this AD, contact Nancy Marsh, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: (425) 917-6440; fax: (425) 917-6590; email: 
<a href="/cdn-cgi/l/email-protection#ea848b848993c4878b989982aa8c8b8bc48d859c"><span class="__cf_email__" data-cfemail="86e8e7e8e5ffa8ebe7f4f5eec6e0e7e7a8e1e9f0">[email&#160;protected]</span></a>.

(m) 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 this AD specifies otherwise.
    (i) Boeing Service Bulletin 737-57A1301, Revision 3, dated 
August 11, 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, Washington 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 July 21, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-19811 Filed 8-15-13; 8:45 am]
BILLING CODE 4910-13-P