[Federal Register Volume 75, Number 153 (Tuesday, August 10, 2010)]
[Proposed Rules]
[Pages 48281-48283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19695]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 75, No. 153 / Tuesday, August 10, 2010 /
Proposed Rules
[[Page 48281]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0764; Directorate Identifier 2009-NM-260-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 737-900ER
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Model 737-900ER series airplanes. This proposed AD would
require doing a one-time general visual inspection for a keyway in two
fuel tank access door cutouts, and related investigative and corrective
actions if necessary. This proposed AD results from reports of cracks
emanating from the keyway of the fuel tank access hole. We are
proposing this AD to detect and correct such cracking, which could
result in the loss of the lower wing skin load path and consequent
structural failure of the wing.
DATES: We must receive comments on this proposed AD by September 24,
2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://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: 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 proposed 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 [email protected];
Internet https://www.myboeingfleet.com. 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 http://www.regulations.gov; 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 proposed 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: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6440; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0764;
Directorate Identifier 2009-NM-260-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We have received reports of cracks, ranging from 0.02 to 0.380 inch
in length emanating from the keyway of the fuel tank access hole on the
wing lower skin between wing rib numbers 8 and 9 on Model 777-200LR and
777-300ER series airplanes. The fuel tank access door at this location
has a fuel measuring stick installed, and the keyway is used to ensure
that the fuel measuring stick is oriented correctly when the fuel tank
access door is installed. The crack is believed to be the result of
fatigue due to the position of the keyway. The lower wing skins on
Model 737-900ER series airplanes have fuel tank access holes with the
same configuration as that of the affected fuel tank access holes on
Model 777-300ER series airplanes. The affected fuel tank access holes
on the Model 737-900ER series airplanes are located between ribs 4 and
5, between wing stations 180 and 204.25. These fuel tank access holes
are for fuel tank access doors 531BB and 631BB. Although cracks have
not yet been reported on any Model 737-900ER series airplanes, damage
tolerance analysis shows potential for Model 737-900ER series airplanes
lower wing skins to crack at the noted locations. This condition, if
not corrected, could result in the loss of the lower wing skin load
path and consequent structural failure of the wing.
Relevant Service Information
We have reviewed Boeing Alert Service Bulletin 737-57A1308,
Revision 1, dated October 1, 2009. The service bulletin describes
procedures for a general visual inspection for a keyway in the fuel
tank access door cutout on the left and right wings, and related
investigative and corrective actions if necessary. The related
investigative action is a high frequency eddy current inspection for
cracking of the keyway. The corrective actions include changing the
profile of the keyway for the fuel tank access door cutout, repairing
any cracking of the keyway of the access door cutout, and contacting
Boeing for certain repair instructions and doing the repair.
[[Page 48282]]
FAA's Determination and Requirements of This Proposed AD
We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
This proposed AD would require accomplishing the actions specified in
the service information described previously, except as discussed under
``Difference Between the Proposed AD and Service Bulletin.''
Difference Between the Proposed AD and Service Bulletin
Boeing Alert Service Bulletin 737-57A1308, Revision 1, dated
October 1, 2009, specifies to contact the manufacturer for instructions
on how to repair certain conditions, but this proposed AD would require
repairing those conditions in one of the following ways:
Using a method that we approve; or
Using data that meet the certification basis of the airplane, and
that have been approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA), whom we have authorized to make those
findings.
Other Relevant Rulemaking
The lower wing skins on Model 777-200LR and 777-300ER series
airplanes have fuel tank access holes with the same configuration as
those of the affected fuel tank access holes on the Model 737-900ER
airplanes. Therefore, Model 777-200LR and 777-300ER series airplanes
may be subject to the identified unsafe condition. We are considering
similar rulemaking related to the identified unsafe condition for
certain Model 777-200LR and 777-300ER series airplanes.
Costs of Compliance
We estimate that this proposed AD would affect 30 airplanes of U.S.
registry. We also estimate that it would take 3 work-hours per product
to comply with this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of this
proposed AD to the U.S. operators to be $7,650, or $255 per product.
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 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. 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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
The Boeing Company: Docket No. FAA-2010-0764; Directorate Identifier
2009-NM-260-AD.
Comments Due Date
(a) We must receive comments by September 24, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to The Boeing Company Model 737-900ER series
airplanes, certificated in any category, as identified in Boeing
Alert Service Bulletin 737-57A1308, Revision 1, dated October 1,
2009.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Unsafe Condition
(e) This AD results from reports of cracks emanating from the
keyway of the fuel tank access hole. The Federal Aviation
Administration is issuing this AD to detect and correct such
cracking, which could result in the loss of the lower wing skin load
path and consequent structural failure of the wing.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspection
(g) Before the accumulation of 7,500 total flight cycles, or
within 1,000 flight cycles after the effective date of this AD,
whichever occurs later, do a one-time general visual inspection for
a keyway in the fuel tank access door cutouts 531BB and 631BB, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-57A1308, Revision 1, dated October 1, 2009
(``the service bulletin'').
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
(1) If both access door cutouts do not have a keyway, no further
action is required by this AD.
(2) If any access door has a keyway, before the accumulation of
7,500 total flight cycles, or within 1,000 flight cycles after the
effective date of this AD, whichever occurs later, do a high
frequency eddy current (HFEC) inspection for cracking of the keyway,
in accordance with the Accomplishment Instructions of the service
bulletin.
(i) If no cracking is found during the HFEC inspection, before
further flight, modify the profile of the keyway of the fuel tank
access door cutout, in accordance with the
[[Page 48283]]
Accomplishment Instructions of the service bulletin.
(ii) If any cracking is found and the crack is 0.030 inch or
less in length, before further flight repair the keyway, in
accordance with the Accomplishment Instructions of the service
bulletin.
(iii) If any cracking is found and the crack is greater than
0.030 inch in length, before further flight, repair the crack using
a method approved in accordance with the procedures specified in
paragraph (h) of this AD
Alternative Methods of Compliance (AMOCs)
(h)(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. Send information to
ATTN: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW.,
Renton, Washington 98057-3356; telephone (425) 917-6440; fax (425)
917-6590. Information may be e-mailed to: [email protected].
(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) 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.
Issued in Renton, Washington, on July 30, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-19695 Filed 8-9-10; 8:45 am]
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