Rule2021-23935
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 3, 2021
Effective
December 8, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-9 airplanes. This AD was prompted by a report of missing sealant on the left and right wing leading edge outboard blowout door. This AD requires doing a fluid seal contact inspection and a detailed inspection for missing sealant on each blowout door and applying sealant if necessary. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 210 (Wednesday, November 3, 2021)</title>
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[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Rules and Regulations]
[Pages 60563-60565]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23935]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1166; Project Identifier AD-2020-00906-T;
Amendment 39-21737; AD 2021-19-19]
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
certain The Boeing Company Model 737-9 airplanes. This AD was prompted
by a report of missing sealant on the left and right wing leading edge
outboard blowout door. This AD requires doing a fluid seal contact
inspection and a detailed inspection for missing sealant on each
blowout door and applying sealant if necessary. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective December 8, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 8,
2021.
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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety 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 at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2020-1166.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2020-1166; 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, 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: Chris Baker, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3552; email:
<a href="/cdn-cgi/l/email-protection#3d5e554f544e49524d55584f134f135f5c56584f7d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="bbd8d3c9d2c8cfd4cbd3dec995c995d9dad0dec9fbdddada95dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to The Boeing Company
Model 737-9 airplanes having line numbers 6834, 6852, 6872, 6899, 6917,
6935, 7096, 7173, 7196, 7201, 7208, 7216, 7246, 7253, 7261, 7268, 7306,
7316, 7338, 7348, 7361, 7384, 7388, 7394, and 7428. The NPRM published
in the Federal Register on January 21, 2021 (86 FR 6269). The NPRM was
prompted by a report indicating that the application of sealant on the
left wing and right wing leading edge outboard blowout door was missed
during the airplane manufacturing process on some Model 737-9
airplanes. In the NPRM, the FAA proposed to require doing a fluid seal
contact inspection and a detailed inspection for missing sealant on
each blowout door and applying sealant if necessary. The FAA is issuing
this AD to address the missing sealant, which is intended to act as a
fuel barrier. In the presence of a substantial fuel leak from the wing
box, the unintended drain path could allow fuel to come into contact
with the engine. This condition, if not addressed, could lead to a
large ground fire.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from The Air Line Pilots Association,
International (ALPA), Boeing, and an individual, who all stated that
they supported the NPRM without change. The FAA also received comments
from United Airlines (UAL) and two individuals. The following
discussion presents those comments and the FAA's response.
Request To Use Alternative Products
UAL suggested that the FAA work with Boeing on identifying
acceptable alternatives to the developer specified in the service
information. UAL stated that during initial accomplishment of the
inspection there were difficulties sourcing the specified developer due
to the requirement in Boeing Alert Requirements Bulletin 737-57A1350 RB
to use the bulk material and not the aerosol spray. UAL stated it was
ultimately able to procure the required bulk material.
The FAA disagrees with the request to change the AD to allow the
use of alternative developers. Use of the bulk developer identified in
Boeing Alert Requirements Bulletin 737-57A1350 RB, dated April 23,
2020, is needed for effective inspection. The aerosol spray form of the
developer penetrates more aggressively than the bulk form, so it could
cause existing sealants to swell. The use of bulk material avoids the
potential for false readings of the gasket contact verification to be
caused by sealant swelling.
The commenter also did not identify any alternative developers in
either bulk or aerosol spray that would be an acceptable alternative to
the developer identified in Boeing Alert Requirements Bulletin 737-
57A1350 RB, dated April 23, 2020. However, operators may submit an
alternative method of compliance (AMOC) request using the procedures
specified in paragraph (i) of this AD; the request should include data
that substantiates the alternative developer will ensure an effective
inspection to determine if additional sealant is required. The FAA has
not changed this AD as a result of this comment.
Request for Information on the Approval Process for Alternative
Materials
Two individuals asked about the approval process for alternative
suitable materials (sealant) and procedures. In addition, the
individuals questioned the role of the Boeing Company Organization
Designation Authorization (ODA) in the approval process.
In order to receive an AMOC to use an alternate sealant, the AMOC
request would need to show that the alternate sealant meets or exceeds
the performance or characteristics of the
[[Page 60564]]
current sealant that is identified in Boeing Alert Requirements
Bulletin 737-57A1350 RB, dated April 23, 2020. While paragraph (i) of
this AD indicates that AMOC authority may be delegated to the Boeing
ODA, the ODA would still need to request that authority from the FAA
and should include justification for why the authority should be
granted. The FAA will then make the determination whether the ODA may
grant AMOCs for this specific AD.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 737-57A1350 RB,
dated April 23, 2020. The service information specifies procedures for
doing a fluid seal contact inspection and a detailed inspection of the
left and right wing leading edge outboard blowout door, at the inboard
and outboard ends of the hinge, for missing sealant and applying
sealant, if necessary. 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 ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 14 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspections........................... 4 work-hours x $85 per $0 $340 $4,760
hour = $340.
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The FAA estimates the following costs to do any necessary repairs
that would be required based on the results of the inspections. The FAA
has no way of determining the number of aircraft that might need these
on-condition actions.
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 4 work-hours x $85 per Up to $100..... Up to $440.
hour = Up to $340.
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The FAA has included all known costs in this cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
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
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.
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:
2021-19-19 The Boeing Company: Amendment 39-21737; Docket No. FAA-
2020-1166; Project Identifier AD-2020-00906-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 8, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-9 airplanes,
certificated in any category, as identified in Boeing Alert
Requirements Bulletin 737-57A1350 RB, dated April 23, 2020.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
[[Page 60565]]
(e) Unsafe Condition
This AD was prompted by a report of missing sealant on the left
and right wing leading edge outboard blowout door. The FAA is
issuing this AD to address the missing sealant, which is intended to
act as a fuel barrier. In the presence of a substantial fuel leak
from the wing box, the unintended drain path could allow fuel to
come into contact with the engine. This condition, if not addressed,
could lead to a large ground fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD, at the
applicable times specified in the Compliance paragraph of Boeing
Alert Requirements Bulletin 737-57A1350 RB, dated April 23, 2020, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-57A1350 RB, dated April 23, 2020.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-57A1350, dated April 23, 2020, which is referred to in Boeing
Alert Requirements Bulletin 737-57A1350 RB, dated April 23, 2020.
(h) Exception to Service Information Specifications
Where Boeing Alert Requirements Bulletin 737-57A1350 RB, dated
April 23, 2020, refers to ``the Original Issue date of Requirements
Bulletin 737-57A1350 RB,'' this AD requires using ``the effective
date of this AD.''
(i) 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 responsible Flight Standards 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: <a href="/cdn-cgi/l/email-protection#665f4b27282b4b35030712120a034b2725294b272b29254b34031713031512152600070748010910"><span class="__cf_email__" data-cfemail="e0d9cda1aeadcdb3858194948c85cda1a3afcda1adafa3cdb285919585939493a0868181ce878f96">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards 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.
(j) Related Information
For more information about this AD, contact Chris Baker,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3552; email: <a href="/cdn-cgi/l/email-protection#6c0f041e051f18031c04091e421e420e0d07091e2c0a0d0d420b031a"><span class="__cf_email__" data-cfemail="f99a918b908a8d9689919c8bd78bd79b98929c8bb99f9898d79e968f">[email protected]</span></a>.
(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 Requirements Bulletin 737-57A1350 RB, dated
April 23, 2020.
(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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety 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 <a href="/cdn-cgi/l/email-protection#bed8cc90d7d0cdcedbddcad7d1d0fed0dfccdf90d9d1c8"><span class="__cf_email__" data-cfemail="274155094e4954574244534e4849674946554609404851">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on September 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23935 Filed 11-2-21; 8:45 am]
BILLING CODE 4910-13-P
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