[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Rules and Regulations]
[Pages 67176-67179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26399]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0440; Product Identifier 2019-NM-032-AD; Amendment 
39-19806; AD 2019-23-12]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 737-300, -400, and -500 series airplanes. This 
AD was prompted by fuel system reviews conducted by the manufacturer. 
This AD requires applying sealant to the fasteners in the fuel tanks, 
replacing wire bundle clamps external to the fuel tanks, and installing 
Teflon sleeving under the clamps. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective January 13, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 13, 
2020.

ADDRESSES: For service information identified in this final rule, 
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 service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0440.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0440; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is 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: 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: serj.harutunian@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all The Boeing Company 
Model 737-300, -400, and -500 series airplanes. The NPRM published in 
the Federal Register on June 25, 2019 (84 FR 29815). The NPRM was 
prompted by fuel system reviews conducted by the manufacturer as 
required by Special Federal Aviation Regulation No. 88 (``SFAR 88'') to 
14 CFR part 21, to ensure their fuel tank systems can prevent potential 
ignition sources. Subsequently, SFAR 88 was amended by: Amendment 21-82 
(67 FR 57490, September 10, 2002; corrected at 67 FR 70809, November 
26, 2002), Amendment 21-83 (67 FR 72830, December 9, 2002; corrected at 
68 FR 37735, June 25, 2003, to change ``21-82'' to ``21-83''), and 
Amendment 21-101 (83 FR 9162, March 5, 2018). The NPRM proposed to 
require applying sealant to the fasteners in the fuel tanks, replacing 
wire bundle clamps external to the fuel tanks, and installing Teflon 
sleeving under the clamps.
    The FAA is issuing this AD to address potential ignition sources 
inside the fuel tank, which, in combination with flammable vapors, 
could result in a fuel tank fire or explosion, and consequent loss of 
the airplane.

[[Page 67177]]

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    Boeing concurred with the content of the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental 
Type Certificate (STC) ST01219SE does not affect compliance with the 
proposed actions.
    The FAA agrees with the commenter. Paragraph (c) of the proposed AD 
has been redesignated as paragraph (c)(1) of this AD, and paragraph 
(c)(2) has been added to this AD to state that installation of STC 
ST01219SE 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.

Request To Allow the Use of Later Revisions of Service Information

    Commenter John Straiton asked that the FAA include a statement in 
the compliance requirements of the proposed AD allowing the use of 
later revisions of Boeing Alert Service Bulletin 737-57A1321, dated 
February 8, 2019. The commenter stated that adding this statement would 
ensure that operators are promptly in compliance with their obligation 
to ensure that all maintenance is certified to the latest approved 
version of the maintenance data. The commenter also stated that adding 
this statement will also remove the requirement to wait for the AD to 
be revised to reflect the revision in the service information, and to 
contact the appropriate original equipment manufacturer or STC holder 
to issue an AMOC to approve the use of the revised service information. 
The commenter noted that this would reduce the delay in implementing 
the revision and would reduce the maintenance costs associated with the 
issuance of an AMOC. The commenter concluded that the European Union 
Aviation Safety Agency, which is the Technical Agent for the Member 
States of the European Union, already incorporates the ``or later 
revision'' statement in any AD issued by them, so this will demonstrate 
a further harmonization of regulatory control.
    The FAA does not agree with the commenter's request to allow the 
use of later revisions of the service information. The FAA may not 
refer to any document that does not yet exist in an AD. In general 
terms, the FAA is required by Office of the Federal Register (OFR) 
regulations for approval of materials incorporated by reference, as 
specified in 1 CFR 51.1(f), to either publish the service document 
contents as part of the actual AD language; or submit the service 
documents to the OFR for approval as referenced material, in which case 
the FAA may only refer to such material in the text of an AD. The AD 
may refer to the service document only if the OFR approved it for 
incorporation by reference. See 1 CFR part 51. To allow operators to 
use later revisions of the referenced document (issued after 
publication of the final rule), either the FAA must revise the AD to 
reference specific later revisions, or operators must request approval 
to use later revisions as an AMOC to this AD under the provisions of 
paragraph (i)(1) of this AD. The FAA has not revised this AD regarding 
this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 737-57A1321, dated 
February 8, 2019. This service information describes procedures for 
applying sealant to the fasteners in the fuel tanks at the wing rear 
spars, front spars, and upper wing rib shear ties. This service 
information also describes procedures for replacing wire bundle clamps 
external to the fuel tanks and installing Teflon sleeving under the 
clamps at locations along the wing rear spars, front spars, forward 
cargo compartment station 540 bulkhead, and main wheel well station 663 
bulkhead. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 268 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                                     Estimated Costs
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              Action                    Labor cost                  Parts cost                   Cost per product             Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Apply sealant, replace clamps,     Up to 516             Up to $200.....................  Up to $44,060.................  Up to $11,808,080.
 install Teflon sleeving.           work[dash]hours x
                                    $85 per hour =
                                    $43,860.
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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.
    The FAA is 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 AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service,

[[Page 67178]]

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 and associated appliances to the 
Director of the System Oversight Division.

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,
    (2) Will not affect intrastate aviation in Alaska, 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.

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):

2019-23-12 The Boeing Company: Amendment 39-19806; Docket No. FAA-
2019-0440; Product Identifier 2019-NM-032-AD.

(a) Effective Date

    This AD is effective January 13, 2020.

(b) Affected ADs

    None.

(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 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

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the 
manufacturer to ensure their fuel tank systems can prevent potential 
ignition sources. The FAA is issuing this AD to address potential 
ignition sources inside the fuel tank, which, in combination with 
flammable vapors, could result in a fuel tank fire or explosion, and 
consequent loss of the airplane.

(f) Compliance

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

(g) Apply Sealant, Replace Clamps, and Install Teflon Sleeving

    Except as specified in paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1321, dated February 8, 2019, do all applicable actions 
identified as ``RC'' (required for compliance) in, and in accordance 
with, the Accomplishment Instructions of Boeing Alert Service 
Bulletin 737-57A1321, dated February 8, 2019.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Service Bulletin 737-57A1321, dated 
February 8, 2019, uses the phrase ``the original issue date of this 
service bulletin,'' this AD requires using ``the effective date of 
this AD.''
    (2) Where Boeing Alert Service Bulletin 737-57A1321, dated 
February 8, 2019, specifies contacting Boeing: This AD requires 
doing actions using a method approved in accordance with the 
procedures specified in paragraph (i) of this AD.

(i) 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 (j) of this AD. Information may 
be emailed to: 9-ANM-LAACO-AMOC-Requests@faa.gov.
    (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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Los 
Angeles ACO Branch, FAA, 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) Except as specified by paragraph (h)(2) of this AD: For 
service information that contains steps that are labeled as Required 
for Compliance (RC), the provisions of paragraphs (i)(4)(i) and (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.

(j) Related Information

    For more information about this AD, 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: serj.harutunian@faa.gov.

(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 Alert Service Bulletin 737-57A1321, dated February 8, 
2019.
    (ii) [Reserved]
    (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.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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, email fedreg.legal@nara.gov, or go to: https://

[[Page 67179]]

www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-26399 Filed 12-6-19; 8:45 am]
 BILLING CODE 4910-13-P


