AD 2013-19-03

[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59798-59801]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-23464]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0985; Directorate Identifier 2011-NM-250-AD; 
Amendment 39-17585; AD 2013-19-03]
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 adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes. This AD was prompted by a report of chafing damage to 
a wire bundle that was arcing to hydraulic tubing and caused by 
insufficient separation between the wire bundle and the hydraulic 
tubing in the main landing gear (MLG) wheel well. This AD requires an 
inspection for damage of wire bundles and hydraulic tubing on the right 
side of the forward bulkhead of the MLG wheel well; installation of new 
clamps; and corrective actions, as applicable. We are issuing this AD 
to detect and correct possible damage caused by insufficient separation 
between the wire bundles and hydraulic

[[Page 59799]]

tubing to prevent electrical arcing in a flammable fluid leakage zone, 
which could lead to a wheel well fire.

DATES: This AD is effective November 4, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 4, 
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: Marie Hogestad, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: (425) 917-6418; fax: (425) 917-6590; email: 
<a href="/cdn-cgi/l/email-protection#036e62716a662d6b6c646670776267436562622d646c75"><span class="__cf_email__" data-cfemail="9ef3ffecf7fbb0f6f1f9fbedeafffadef8ffffb0f9f1e8">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
The NPRM published in the Federal Register on September 20, 2012 (77 FR 
58334). The NPRM proposed to require an inspection for damage of wire 
bundles and hydraulic tubing on the right side of the forward bulkhead 
of the MLG wheel well; installation of new clamps; and corrective 
actions, as applicable.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 58334, September 20, 2012) and the FAA's response to each 
comment.

Request To Refer to Revised Service Information

    United Airlines (United) requested that we refer to the latest 
revision of the service information in this final rule.
    We agree with United's request, since Boeing has issued Special 
Attention Service Bulletin 737-29-1113, Revision 1, dated March 29, 
2013. That service information removes airplanes from the effectivity, 
which were reworked during production and on which the change specified 
in Boeing Special Attention Service Bulletin 737-29-1113, Revision 1, 
dated March 29, 2013, has already been incorporated. We have revised 
paragraph (g) of this final rule to refer to that revised service 
information, added a new paragraph (h) to this final rule to allow 
credit for previous actions done using Boeing Special Attention Service 
Bulletin 737-29-1113, dated March 23, 2011. Subsequent paragraphs have 
been redesignated accordingly.

Request To Clarify Source of Applicability Exclusions

    American Airlines (American), Delta Airlines (Delta), and United 
requested that we revise the NPRM (77 FR 58334, September 20, 2012) to 
clarify the source of the airplane line numbers excluded from the 
applicability paragraph which do not appear in Boeing Special Attention 
Service Bulletin 737-29-1113, dated March 23, 2011, or in Boeing 
Service Bulletin Information Notice 737-29-1113 IN 01, dated May 20, 
2011, and correct the source of the applicability information in the 
``Differences Between the Proposed AD and the Service Information'' 
paragraph.
    We partially agree. Boeing identified those airplanes that were 
reworked during production, and communicated the excluded line numbers 
to the FAA prior to the issuance of the NPRM (77 FR 58334, September 
20, 2012). Boeing Special Attention Service Bulletin 737-29-1113, 
Revision 1, dated March 29, 2013, reduced the number of affected 
airplanes. We have revised paragraph (c) of this final rule to identify 
those airplanes which are affected by this AD. Because the 
``Differences Between Proposed AD and the Service Information'' 
paragraph is not restated in the preamble of the final rule, we have 
not made any change to the final rule in that regard.

Request To Simplify Applicability

    United requested that the applicability statement of the NPRM (77 
FR 58334, September 20, 2012) be simplified to clearly state which 
airplanes are affected by the AD.
    We agree with United's request. We have revised paragraph (c) of 
this final rule to match the line numbers as listed in Boeing Special 
Attention Service Bulletin 737-29-1113, Revision 1, dated March 29, 
2013. We have coordinated this change with Boeing.

Request To Clarify Applicability

    United requested that the applicability statement of the NPRM (77 
FR 58334, September 20, 2012) be clarified since it differs from the 
service bulletin. United stated that Boeing Special Attention Service 
Bulletin 737-29-1113, dated March 23, 2011, contains a conditional 
statement for the required clamp installation based on whether there is 
sufficient separation between the wire bundle and hydraulic tubing. 
United reasoned that operators may elect not to install new clamps if 
they find sufficient separation between the wire bundling and hydraulic 
tubing.
    We disagree with United's request because the NPRM (77 FR 58334, 
September 20, 2012) did not include the implied conditional 
applicability. This final rule applies to all airplanes listed in 
paragraph (c) of this AD regardless of separation between the hydraulic 
tubing and wire bundles. We have changed paragraph (c) of this AD to 
match the line numbers as listed in Boeing Special Attention Service 
Bulletin 737-29-1113, Revision 1, dated March 29, 2013, since this new 
revision of the service bulletin was released since the issuance of the 
NPRM.

Request To Verify Excluded Airplane Line Numbers (L/Ns) Are Correct

    American and Delta requested that the FAA verify the excluded 
airplane L/Ns are correct in paragraph (c) ``Applicability'' of the 
NPRM (77 FR 58334, September 20, 2012) because there were discrepancies 
between the NPRM, Boeing Service Bulletin Information Notice (IN) 737-
29-1113 IN 01, dated May 20, 2011, and Boeing Special Attention Service 
Bulletin 737-29-1113, dated March 23, 2011. American and Delta stated 
they had airplanes that should not be included in the effectivity since 
they did not have the hydraulic tubing that is referred to in the 
service information installed. American and Delta confirmed through a 
review of the applicable airplane illustrated parts catalogs that 
certain L/Ns did not have the hydraulic tubing

[[Page 59800]]

installed (i.e. American L/Ns 3307, 3328, 3334, 3340, and 3347; Delta 
L/N 3338). American stated that two of its airplanes did have the 
hydraulic tubing installed (American L/Ns 3291 and 3298).
    We agree to provide clarification. The airplane L/Ns listed by both 
American and Delta are excluded airplane L/Ns. The FAA has verified 
with Boeing that the correct airplane L/Ns are listed in the NPRM (77 
FR 58334, September 20, 2012) and match the airplane L/Ns in Boeing 
Special Attention Service Bulletin 737-29-1113, Revision 1, dated March 
29, 2013. As stated previously, we have revised paragraph (c) of this 
final rule to identify those airplanes that are affected by this AD. 
This change has been coordinated with Boeing.

Request To Add Inspection for Clamps Already Installed

    United requested that the NPRM (77 FR 58334, September 20, 2012) be 
revised to include an inspection to look for clamps already installed 
prior to performing the required work, and if found, to check the part 
number of the subject clamp. United stated that if the clamp is not a 
part number listed in Boeing Special Attention Service Bulletin 737-29-
1113, Revision 1, dated March 29, 2013, it should be replaced. United 
stated it found at least one aircraft with clamps installed on the 
right side of the forward bulkhead of the MLG wheel well and that it 
has revised its work instructions to include the clamp installation and 
part number inspection.
    We disagree with United's request to add an inspection to look for 
clamps already installed prior to performing the required work because 
Boeing has confirmed that the airplane mentioned by United is among 
those listed as an excluded line number, meaning it was already 
reworked during production. Because both this final rule and Boeing 
Special Attention Service Bulletin 737-29-1113, Revision 1, dated March 
29, 2013, require installation of new clamps with the correct part 
number, we have not made any change to this final rule in that regard.

Statement Regarding Installation of Winglets

    Aviation Partners Boeing (APB) stated that the installation of 
winglets per supplemental type certificate (STC) ST00830SE (<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se</a>) does 
not affect the actions specified in the NPRM (77 FR 58334, September 
20, 2012).
    We concur. We have redesignated paragraph (c) of the NPRM (77 FR 
58334, September 20, 2012) as paragraph (c)(1) in this final rule, 
added paragraph (c)(2) to this final rule, which states that STC 
ST00830SE (<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se</a>) does 
not affect the ability to accomplish the actions required by this AD. 
Therefore, for airplanes on which STC ST00830SE 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 (i) 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 changes described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> [Agr]re consistent with the intent that was proposed in 
the NPRM (77 FR 58334, September 20, 2012) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 58334, September 20, 2012).
    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 520 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 and installation.........  2 work-hours x $85 per               $0             $170          $88,400
                                       hour = $170.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
labor cost estimates for the on-condition actions (repairing or 
replacing of damaged wire bundles and damaged hydraulic tubing) 
specified in this AD.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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,

[[Page 59801]]

    (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 adding the following new airworthiness 
directive (AD):

2013-19-03 The Boeing Company: Amendment 39-17585; Docket No. FAA-
2012-0985; Directorate Identifier 2011-NM-250-AD.

(a) Effective Date

    This AD is effective November 4, 2013.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any 
category, line numbers (L/Ns) 1060 through 3289 inclusive, and 3294, 
but excluding L/Ns 3138, 3158, 3169, 3175, 3216, 3224, 3253, and 
3274.
    (2) Installation of Supplemental Type Certificate (STC) 
ST00830SE(<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se</a>) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST00830SE 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 29, Hydraulic Power.

(e) Unsafe Condition

    This AD was prompted by a report of chafing damage to a wire 
bundle that was arcing to hydraulic tubing and caused by 
insufficient separation between the wire bundle and the hydraulic 
tubing in the main landing gear (MLG) wheel well. We are issuing 
this AD to detect and correct possible damage caused by insufficient 
separation between the wire bundles and hydraulic tubing to prevent 
electrical arcing in a flammable fluid leakage zone, which could 
lead to a wheel well fire.

(f) Compliance

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

(g) Inspection and Installation

    Within 24 months after the effective date of this AD: Do a 
general visual inspection of hydraulic tubing having part numbers 
(P/Ns) 272A4451-136 and 272A4451-137, and wire bundles W6128, W7122, 
W8122, and W8222 for wire chafing or damage, install new clamps in 
the right MLG wheel well, and do all applicable corrective actions, 
in accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 737-29-1113, Revision 1, dated March 29, 
2013. All corrective actions must be done before further flight.

(h) Credit for Previous Actions

    This paragraph provides credit for the corresponding actions 
specified in paragraph (g) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Special 
Attention Service Bulletin 737-29-1113, dated March 23, 2011, which 
is not incorporated by reference in this AD.

(i) 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 paragraph (j)(1) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#e4ddc9a5aaa9c9b7818590908881c9a5a7abc9a5a9aba7c9b681959181979097a4828585ca838b92"><span class="__cf_email__" data-cfemail="ecd5c1ada2a1c1bf898d98988089c1adafa3c1ada1a3afc1be899d99899f989fac8a8d8dc28b839a">[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.

(j) Related Information

    (1) For more information about this AD, contact Marie Hogestad, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, 
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; phone: (425) 917-6418; fax: (425) 917-6590; email: 
<a href="/cdn-cgi/l/email-protection#d6bbb7a4bfb3f8beb9b1b3a5a2b7b296b0b7b7f8b1b9a0"><span class="__cf_email__" data-cfemail="bcd1ddced5d992d4d3dbd9cfc8ddd8fcdadddd92dbd3ca">[email&#160;protected]</span></a>.
    (2) Service information identified in but not incorporated by 
reference in this AD may be obtained at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(k) 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 Special Attention Service Bulletin 737-29-1113, 
Revision 1, dated March 29, 2013.
    (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 review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
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 September 10, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-23464 Filed 9-27-13; 8:45 am]
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