[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Proposed Rules]
[Pages 21791-21793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08406]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / 
Proposed Rules  

[[Page 21791]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0333; Product Identifier 2020-NM-015-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all The Boeing Company Model 737-8 and 737-9 airplanes. This 
proposed AD was prompted by a report that, after the removal of a 
spring door opening system (SDOS) actuator with a certain part number, 
the actuator came apart, injuring one of the maintenance personnel. A 
design that obscures the SDOS actuator safety marker when the fan cowls 
are opened contributed to this incident. This proposed AD would require 
replacing each affected SDOS actuator with a new SDOS actuator and 
verifying that new safety markers are installed in the proper 
locations. The FAA is proposing this AD to address the unsafe condition 
on these products.

DATES: The FAA must receive comments on this proposed AD by June 4, 
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 referenced 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-2020-0333.

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-2020-
0333; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher Baker, Aerospace Engineer, 
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3552; email: 
christopher.r.baker@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2020-0333; 
Product Identifier 2020-NM-015-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact received about this proposed AD.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this NPRM. Submissions containing 
CBI should be sent to Christopher Baker, Aerospace Engineer, Propulsion 
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 
98198, phone and fax: 206-231-3552, email: christopher.r.baker@faa.gov. 
Any commentary that the FAA receives which is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Discussion

    The SDOS actuator is a telescopic, spring-loaded actuator that 
assists the mechanic in raising the engine fan cowl. Even when the 
actuator is extended (uncompressed), it retains energy in the spring 
(preload).
    The FAA received a report indicating that, after the removal of an 
SDOS actuator with part number BOE-2001-901F, a part separation 
occurred at the joint between the actuator's inner tube and its related 
``back end'' bracket, and the actuator came apart with spring-propelled 
force, injuring one of the maintenance personnel. The SDOS actuator 
uses two roll pins and epoxy at

[[Page 21792]]

this joint. The FAA has determined that this design, together with 
spring preload, caused these parts to break. In addition, the current 
design of the actuator obscures the safety marker when the fan cowls 
are opened. The design of the SDOS actuator, along with obscured safety 
markers, if not addressed, could, during maintenance, result in injury 
to maintenance personnel or damage to the airplane.
    The manufacturer of the SDOS actuator, General Aerospace, changed 
the design to have a stronger inner tube to ``back end'' bracket joint 
that uses blind rivets rather than pins, together with an improved 
shape of the ``catching'' bracket. With this design change, the SDOS 
actuator became part number BOE-2001-901H. General Aerospace has since 
modified part number BOE-2001-901H to include more detailed safety 
markers in new locations that display the warnings more clearly to 
maintenance personnel. As part of this modification, the SDOS actuator 
part number was changed from BOE-2001-901H to BOE-2001-901J.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Requirements Bulletin 
737-71-1911 RB, dated November 26, 2019. This service information 
describes procedures for replacing each affected SDOS actuator with a 
new SDOS actuator and verifying that safety markers are installed. 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.

FAA's Determination

    The FAA is proposing this AD because the agency evaluated all the 
relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions 
identified in Boeing Special Attention Requirements Bulletin 737-71-
1911 RB, dated November 26, 2019, described previously, except as 
discussed under ``Differences Between this Proposed AD and the Service 
Information,'' and except for any differences identified as exceptions 
in the regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this 
service information at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0333.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the 
Airworthiness Directive Implementation Aviation Rulemaking Committee 
(AD ARC), to enhance the AD system. One enhancement is a process for 
annotating which steps in the service information are ``required for 
compliance'' (RC) with an AD. Boeing has implemented this RC concept 
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related 
Boeing service information, a joint process improvement initiative was 
worked between the FAA and Boeing. The initiative resulted in the 
development of a new process in which the service information more 
clearly identifies the actions needed to address the unsafe condition 
in the ``Accomplishment Instructions.'' The new process results in a 
Boeing Requirements Bulletin, which contains only the actions needed to 
address the unsafe condition (i.e., only the RC actions).

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Special Attention Requirements Bulletin 
737-71-1911 RB, dated November 26, 2019, is limited to certain Boeing 
Model 737-8 and 737-9 airplanes. However, the applicability of this 
proposed AD includes all Boeing Model 737-8 and 737-9 airplanes. 
Because the affected parts are rotable parts, the FAA has determined 
that these parts could later be installed on airplanes that were 
initially delivered with acceptable parts, thereby subjecting those 
airplanes to the unsafe condition.

Costs of Compliance

    The FAA estimates that This proposed AD affects 160 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace SDOS actuator..............  5 work-hours x $85 per hour             $ *       $13,600 *    $2,176,000 *
                                      = $13,600.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
  actions specified in this proposed AD.

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected persons.

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.

Regulatory Findings

    The FAA has determined that this proposed AD would not have 
federalism implications under Executive Order 13132. This proposed AD 
would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and

[[Page 21793]]

    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):
The Boeing Company: Docket No. FAA-2020-0333; Product Identifier 
2020-NM-015-AD.

(a) Comments Due Date

    The FAA must receive comments by June 4, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-8 and 737-9 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by a report that, after the removal of a 
spring door opening system (SDOS) actuator with a certain part 
number, a part separation occurred at a certain location, which 
caused an injury to one of the maintenance personnel. A design that 
obscures the SDOS actuator safety marker when the fan cowls are 
opened contributed to this incident. The FAA is issuing this AD to 
address possible separation of the SDOS actuator at the joint 
between the inner tube and the ``back end'' bracket, and visual 
obstruction of the SDOS actuator safety marker, which, during 
maintenance, can cause injury to maintenance personnel or damage to 
the airplane.

(f) Compliance

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

(g) Required Actions

    For airplanes identified in Boeing Special Attention 
Requirements Bulletin 737-71-1911 RB, dated November 26, 2019, 
except as specified by paragraph (h) of this AD: At the applicable 
times specified in the ``Compliance'' paragraph of Boeing Special 
Attention Requirements Bulletin 737-71-1911 RB, dated November 26, 
2019, do all applicable actions identified in, and in accordance 
with, the Accomplishment Instructions of Boeing Special Attention 
Requirements Bulletin 737-71-1911 RB, dated November 26, 2019.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Special Attention Service 
Bulletin 737-71-1911, dated November 26, 2019, which is referred to 
in Boeing Special Attention Requirements Bulletin 737-71-1911 RB, 
dated November 26, 2019.

(h) Exception to Service Information Specifications

    Where Boeing Special Attention Requirements Bulletin 737-71-1911 
RB, dated November 26, 2019, uses the phrase ``the original issue 
date of Requirements Bulletin 737-71-1911 RB,'' this AD requires 
using ``the effective date of this AD.''

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
SDOS actuator, having part numbers BOE-2001-901F or BOE-2001-901H, 
on any airplane.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 (k)(1) of this AD. Information may be 
emailed to: 9-ANM-Seattle-ACO-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, Seattle 
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.

(k) Related Information

    (1) For more information about this AD, contact Christopher 
Baker, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3552; email: christopher.r.baker@faa.gov.
    (2) 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. You may view this referenced 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.

    Issued on April 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-08406 Filed 4-16-20; 2:00 pm]
 BILLING CODE 4910-13-P


