Proposed Rule2022-03804
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
February 23, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-8 airplanes. This proposed AD was prompted by a report that, during production, a small number of fasteners in certain locations of the center fuel tank were cap sealed on top of a black stripe of ink with a clear overcoat. This clear overcoat is not an approved surface for sealing and can potentially compromise sealant adhesion. Compromised sealant adhesion can, over time, affect the lightning-protection properties of the airplane. This proposed AD would require preparation of the affected surface areas to ensure that there is adequate sealant adhesion, and complete encapsulation of the discrepant fastener locations with the approved production sealant. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 36 (Wednesday, February 23, 2022)</title>
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[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Proposed Rules]
[Pages 10110-10112]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03804]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-1168; Project Identifier AD-2021-00825-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 737-8 airplanes. This proposed AD
was prompted by a report that, during production, a small number of
fasteners in certain locations of the center fuel tank were cap sealed
on top of a black stripe of ink with a clear overcoat. This clear
overcoat is not an approved surface for sealing and can potentially
compromise sealant adhesion. Compromised sealant adhesion can, over
time, affect the lightning-protection properties of the airplane. This
proposed AD would require preparation of the affected surface areas to
ensure that there is adequate sealant adhesion, and complete
encapsulation of the discrepant fastener locations with the approved
production sealant. 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 April 11,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://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: 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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may
view this referenced 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-2021-
1168.
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-2021-1168; 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, any comments
received, and other information. The street address for Docket
Operations is listed above.
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#90f3f8e2f9e3e4ffe0f8f5e2bee2bef2f1fbf5e2d0f6f1f1bef7ffe6"><span class="__cf_email__" data-cfemail="1b78736972686f746b737e69356935797a707e695b7d7a7a357c746d">[email protected]</span></a>.
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 ADDRESSES. Include ``Docket No. FAA-2021-1168; Project Identifier
AD-2021-00825-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other
[[Page 10111]]
information as described in 14 CFR 11.35, the FAA will post all
comments received, without change, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal information you provide. The agency will also
post a report summarizing each substantive verbal contact received
about this NPRM.
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 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#c7a4afb5aeb4b3a8b7afa2b5e9b5e9a5a6aca2b587a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="a2c1cad0cbd1d6cdd2cac7d08cd08cc0c3c9c7d0e2c4c3c38cc5cdd4">[email protected]</span></a>. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
Background
The FAA has received a report that, during production, a small
number of fasteners common to upper wing panel stringers U-S1, U-S10,
U-S12, U-S20, and U-S21 and lower wing panel stringer L-S14 were cap
sealed on top of a black stripe of ink with a clear overcoat. The black
stripe and clear overcoat were applied during airplane assembly to
certain interior areas of the center fuel tank to ensure proper
alignment of components, and this discrepancy was not identified by
Boeing prior to the delivery of certain airplanes. The purpose of cap
sealing is to provide a secondary layer of lightning protection to the
metal-to-metal rivet installation bond, however, the clear overcoat is
not an approved surface for sealing and can compromise sealant
adhesion. Compromised sealant adhesion can, over time, affect the
lightning-protection properties of the airplane. This condition, if not
addressed, could result in ignition of fuel vapors and subsequent
explosion of the fuel tank in the event of a lightning strike. The FAA
expects, however, that the degree to which sealant adhesion is
compromised under these circumstances, and therefore the risk, will
initially be small, and increase gradually over a period of years as
the adhesion begins to deteriorate. Additionally, the compliance time
would allow operators to align this work with the typical schedule for
maintenance into the airplane's fuel tank, which rarely exceeds once
every ten years. Therefore, based on the evaluated risk, the FAA has
determined that the related actions need to be completed within the
timeframes identified in paragraph (g) of this proposed AD and in the
manufacturer's service information.
FAA's Determination
The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Special Attention Requirements Bulletin
737-57-1352 RB, dated February 1, 2021. This service information
specifies procedures for preparing the surface and completely
encapsulating the black stripe of ink, the clear overcoat, and the
existing sealant with the approved production (BMS5-45) sealant at
upper stringer U-S1, U-S10, U-S12, U-S20, and U-S21, and lower stringer
L-S14. The affected areas are all located on the portion of the
stringers just outboard of the wing box.
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.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-1168.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 11 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Apply Sealant..................... 106 work-hours x $85 per $500 $9,510 $104,610
hour = $9,010.
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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 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
The FAA 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
[[Page 10112]]
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) Would not affect intrastate aviation in Alaska, and
(3) Would 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:
The Boeing Company: Docket No. FAA-2021-1168; Project Identifier AD-
2021-00825-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 11, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-8 airplanes,
certificated in any category, as identified in Boeing Special
Attention Requirements Bulletin 737-57-1352 RB, dated February 1,
2021.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report that, during production, a
small number of fasteners in certain locations of the center fuel
tank were cap sealed on top of a black stripe of ink with a clear
overcoat. This clear overcoat is not an approved surface for sealing
and can potentially compromise sealant adhesion. Compromised sealant
adhesion can, over time, affect the lightning-protection properties
of the airplane. The FAA is issuing this AD to address compromised
sealant adhesion within the center fuel tank, which, if not
addressed, could result in ignition of fuel vapors and subsequent
explosion of the fuel tank in the event of a lightning strike.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 10 years after the date of issuance of the original
airworthiness certificate or the original export certificate of
airworthiness, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Special
Attention Requirements Bulletin 737-57-1352 RB, dated February 1,
2021.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Special Attention Service
Bulletin 737-57-1352, dated February 1, 2021, which is referred to
in Boeing Special Attention Requirements Bulletin 737-57-1352 RB,
dated February 1, 2021.
(h) 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 Related Information. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#eed7c3afa0a3c3bd8b8f9a9a828bc3afada1c3afa3a1adc3bc8b9f9b8b9d9a9dae888f8fc0898198"><span class="__cf_email__" data-cfemail="281105696665057b4d495c5c444d05696b67056965676b057a4d595d4d5b5c5b684e4949064f475e">[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.
(i) Related Information
(1) 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#66050e140f151209160e031448144804070d03142600070748010910"><span class="__cf_email__" data-cfemail="4a29223823393e253a222f38643864282b212f380a2c2b2b642d253c">[email protected]</span></a>.
(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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this referenced 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.
Issued on December 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03804 Filed 2-22-22; 8:45 am]
BILLING CODE 4910-13-P
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