AD Amdt-39-16148

[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Rules and Regulations]
[Pages 69264-69267]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-30565]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1210; Directorate Identifier 2009-NM-165-AD; 
Amendment 39-16148; AD 2008-10-09 R1]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 737-100, -200, 
-200C, -300, -400, and -500 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to all Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes. That AD currently requires revising the FAA-approved 
maintenance program to incorporate new airworthiness limitations (AWLs) 
for fuel tank systems to satisfy Special Federal Aviation Regulation 
No. 88 requirements. That AD also requires an initial inspection to 
phase in certain repetitive AWL inspections, and repair if necessary. 
This AD clarifies the intended effect of the AD on spare and

[[Page 69265]]

on-airplane fuel tank system components. That AD results from a design 
review of the fuel tank system. We are issuing this AD to prevent the 
potential for ignition sources inside fuel tanks caused by latent 
failures, alterations, repairs, or maintenance actions, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: This AD is effective January 15, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 15, 
2010.
    On June 12, 2008 (73 FR 25970, May 8, 2008), the Director of the 
Federal Register approved the incorporation by reference of a certain 
other publication listed in the AD.
    We must receive any comments on this AD by February 16, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 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; e-mail <a href="/cdn-cgi/l/email-protection#49242c672b262c2a2624092b262c20272e672a2624"><span class="__cf_email__" data-cfemail="b9d4dc97dbd6dcdad6d4f9dbd6dcd0d7de97dad6d4">[email&#160;protected]</span></a>; Internet 
<a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.

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 street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6438; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    On April 29, 2008, we issued AD 2008-10-09, Amendment 39-15515 (73 
FR 25970, May 8, 2008). That AD applied to all Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes. That AD required revising 
the FAA-approved maintenance program to incorporate new airworthiness 
limitations (AWLs) for fuel tank systems to satisfy Special Federal 
Aviation Regulation No. 88 requirements. That AD also required an 
initial inspection to phase in certain repetitive AWL inspections, and 
repair if necessary. That AD resulted from a design review of the fuel 
tank system. The actions specified in that AD are intended to prevent 
the potential for ignition sources inside fuel tanks caused by latent 
failures, alterations, repairs, or maintenance actions, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the FAA-approved 
maintenance program. But once the CDCCLs are incorporated into the FAA-
approved maintenance program, future maintenance actions on components 
must be done in accordance with those CDCCLs.

Relevant Service Information

    AD 2008-10-09 cites Boeing 737-100/200/200C/300/400/500 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D6-38278-CMR, Revision March 2008. Since we issued 
that AD, Boeing has revised the referenced service information. We have 
reviewed Boeing 737-100/200/200C/300/400/500 Airworthiness Limitations 
(AWLs) and Certification Maintenance Requirements (CMRs), D6-38278-CMR, 
Revision May 2009 (hereafter referred to as ``Revision May 2009 of 
Document D6-38278-CMR''). Among other actions, the revised service 
information clarifies certain task descriptions and adds some new AWLs 
for certain airplanes.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. For this reason, we 
are issuing this AD to revise AD 2008-10-09. This new AD retains the 
requirements of the existing AD, and adds a new note to clarify the 
intended effect of the AD on spare and on-airplane fuel tank system 
components.

Explanation of Additional Changes to AD

    AD 2008-10-09 allowed the use of alternative inspections, 
inspection intervals, or CDCCLs if they are part of a later revision of 
Revision March 2008 of Document D6-38278-CMR. AD 2008-10-09 also 
allowed the use of later revisions of Revision March 2008 of Document 
D6-38278-CMR. Those provisions have been removed from this AD. Allowing 
the use of a ``later approved'' or ``later FAA-approved revisions'' of 
specific service documents violates Office of the Federal Register 
regulations for approving materials that are incorporated by reference. 
Affected operators, however, may request approval to use a later 
revision or an

[[Page 69266]]

alternative inspection, inspection interval, or CDCCL that is part of a 
later revision of the referenced service document, as an alternative 
method of compliance, under the provisions of paragraph (k) of this AD.

Costs of Compliance

    There are about 2,337 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs, at 
an average labor rate of $80 per work hour, for U.S. operators to 
comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
            Action               Work hours          Parts           Cost per       registered      Fleet cost
                                                                     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
Maintenance program revision.               8  None.............            $640             672        $430,080
Inspection...................               8  None.............             640             672         430,080
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FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-1210; Directorate Identifier 2009-NM-165-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about 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 the 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); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends part 39 of the Federal Aviation Regulations (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 Amendment 39-15515 (73 FR 
25970, May 8, 2008) and adding the following new AD:

2008-10-09 R1 The Boeing Company: Amendment 39-16148. Docket No. 
FAA-2009-1210; Directorate Identifier 2009-NM-165-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective January 15, 
2010.

Affected ADs

    (b) This AD revises AD 2008-10-09, Amendment 39-15515.

Applicability

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

Unsafe Condition

    (d) This AD results from a design review of the fuel tank 
systems. We are issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion 
and consequent loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD 2008-10-09, With Revised Compliance 
Method

Service Information Reference

    (f) The term ``Revision March 2008 of Document D6-38278-CMR,'' 
as used in this AD, means Boeing 737-100/200/200C/300/400/500 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D6-38278-CMR, Revision March

[[Page 69267]]

2008. The term ``Revision May 2009 of Document D6-38278-CMR,'' as 
used in the AD, means Boeing 737-100/200/200C/300/400/500 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D6-38278-CMR, Revision May 2009.

Maintenance Program Revision

    (g) Before December 16, 2008, revise the FAA-approved 
maintenance program to incorporate the information specified in 
paragraph (g)(1) or (g)(2) of this AD, as applicable; except that 
the initial inspection required by paragraph (h) of this AD must be 
done at the applicable compliance time specified in that paragraph.
    (1) For Model 737-100, -200, and -200C series airplanes: Section 
C, ``FUEL SYSTEMS AIRWORTHINESS LIMITATIONS,'' including AWLs No. 
28-AWL-01 through No. 28-AWL-20 inclusive, of Revision March 2008 of 
Document D6-38278-CMR, or Revision May 2009 of Document D6-38278-
CMR. As an optional action, AWLs No. 28-AWL-21 through No. 28-AWL-23 
inclusive, as identified in Section C of Revision March 2008 of 
Document D6-38278-CMR, or Revision May 2009 of Document D6-38278-
CMR, also may be incorporated into the FAA-approved maintenance 
program.
    (2) For Model 737-300, -400, and -500 series airplanes: Section 
C, ``FUEL SYSTEMS AIRWORTHINESS LIMITATIONS,'' including AWLs No. 
28-AWL-01 through No. 28-AWL-19 inclusive, Revision March 2008 of 
Document D6-38278-CMR, or Revision May 2009 of Document D6-38278-
CMR. As an optional action, AWLs No. 28-AWL-20 through No. 28-AWL-22 
inclusive, as identified in Section C of Revision March 2008 of 
Document D6-38278-CMR, or Revision May 2009 of Document D6-38278-
CMR, also may be incorporated into the FAA-approved maintenance 
program.

Initial Inspection and Repair if Necessary

    (h) For the airplanes identified in the ``Applicability'' column 
of AWL No. 28-AWL-03 of Section C of Revision March 2008 of Document 
D6-38278-CMR, or Revision May 2009 of Document D6-38278-CMR: At the 
later of the compliance times specified in paragraphs (h)(1) and 
(h)(2) of this AD, do a special detailed inspection of the lightning 
shield to ground termination on the out-of-tank fuel quantity 
indication system (FQIS) wiring to verify functional integrity, in 
accordance with AWL No. 28-AWL-03 of Section C of Revision March 
2008 of Document D6-38278-CMR, or Revision May 2009 of Document D6-
38278-CMR. If any discrepancy is found during the inspection, repair 
the discrepancy before further flight in accordance with AWL No. 28-
AWL-03 of Section C of Revision March 2008 of Document D6-38278-CMR, 
or Revision May 2009 of Document D6-38278-CMR. Accomplishing AWL No. 
28-AWL-03 as part of an FAA-approved maintenance program before the 
applicable compliance time specified in paragraph (h)(1) or (h)(2) 
of this AD constitutes compliance with the requirements of this 
paragraph.

    Note 1: For the purposes of this AD, a special detailed 
inspection is: ``An intensive examination of a specific item, 
installation, or assembly to detect damage, failure, or 
irregularity. The examination is likely to make extensive use of 
specialized inspection techniques and/or equipment. Intricate 
cleaning and substantial access or disassembly procedure may be 
required.''

    (1) Within 120 months since the date of issuance of the original 
standard airworthiness certification or the date of issuance of the 
original export certificate of airworthiness.
    (2) Within 24 months after June 12, 2008 (the effective date of 
AD 2008-10-09).

No Alternative Inspections, Inspection Intervals, or Critical 
Design Configuration Control Limitations (CDCCLs)

    (i) After accomplishing the actions specified in paragraphs (g) 
and (h) of this AD, no alternative inspections, inspection 
intervals, or CDCCLs may be used unless the inspections, intervals, 
or CDCCLs are approved as an AMOC in accordance with the procedures 
specified in paragraph (k) of this AD.

Credit for Actions Done According to Previous Revisions of the 
Service Information

    (j) Actions done before the effective date of this AD in 
accordance with the Boeing 737-100/200/200C/300/400/500 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D6-38278-CMR, Revision May 2006; Revision 
September 2006; Revision November 2007; or Revision March 2008; are 
acceptable for compliance with the corresponding requirements of 
paragraphs (g) and (h) of this AD.

New Information

Explanation of CDCCL Requirements

    Note 2: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the FAA-
approved maintenance program, as required by paragraph (g) of this 
AD, do not need to be reworked in accordance with the CDCCLs. 
However, once the FAA-approved maintenance program has been revised, 
future maintenance actions on these components must be done in 
accordance with the CDCCLs.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: Sue Lucier, Aerospace 
Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 917-6438; fax (425) 917-6590. Or, e-mail 
information to <a href="/cdn-cgi/l/email-protection#221b0f636c6f0f71474356564e470f63616d0f636f6d610f7047535747515651624443430c454d54"><span class="__cf_email__" data-cfemail="d1e8fc909f9cfc82b4b0a5a5bdb4fc90929efc909c9e92fc83b4a0a4b4a2a5a291b7b0b0ffb6bea7">[email&#160;protected]</span></a>.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (3) AMOCs approved previously in accordance with AD 2008-10-09, 
Amendment 39-15515, are approved as AMOCs for the corresponding 
provisions of this AD.

Material Incorporated by Reference

    (l) You must use Boeing 737-100/200/200C/300/400/500 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D6-38278-CMR, Revision March 2008; or Boeing 
737-100/200/200C/300/400/500 Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D6-38278-CMR, 
Revision May 2009; to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Boeing 737-100/200/200C/300/400/500 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D6-38278-CMR, Revision May 2009, under 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Boeing 737-100/200/200C/300/400/500 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D6-38278-CMR, Revision March 2008, on June 12, 
2008 (73 FR 25970, May 8, 2008).
    (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; e-mail 
<a href="/cdn-cgi/l/email-protection#95f8f0bbf7faf0f6faf8d5f7faf0fcfbf2bbf6faf8"><span class="__cf_email__" data-cfemail="d9b4bcf7bbb6bcbab6b499bbb6bcb0b7bef7bab6b4">[email&#160;protected]</span></a>; 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, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (5) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30565 Filed 12-30-09; 8:45 am]
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