[Federal Register: December 1, 2005 (Volume 70, Number 230)]
[Proposed Rules]
[Page 72083-72085]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de05-15]
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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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[[Page 72083]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20354; Directorate Identifier 2004-NM-166-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier proposed airworthiness
directive (AD) for all Boeing Model 737-100, -200, -200C, -300, -400,
and -500 series airplanes. The original NPRM would have required an
inspection for chafing of certain wire bundles located above the center
fuel tank, corrective actions if necessary, and replacement of wire
bundle clamps with new clamps. The original NPRM resulted from fuel
system reviews conducted by the manufacturer. This action revises the
original NPRM by adding an inspection for damage to the fuel vapor
barrier area located below the wire bundles and corrective action, if
necessary. We are proposing this supplemental NPRM to prevent chafed
wire bundles near the center fuel tank, which could cause electrical
arcing through the tank wall and ignition of fuel vapor in the fuel
tank, and result in a fuel tank explosion.
DATES: We must receive comments on this supplemental NPRM by December
27, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this
proposed AD.
FOR FURTHER INFORMATION CONTACT: Binh Tran, Aerospace Engineer, Systems
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425) 917-6485; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this supplemental NPRM. Send your comments to an
address listed in the ADDRESSES section. Include the docket number
``Docket No. FAA-2005-20354; Directorate Identifier 2004-NM-166-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this supplemental NPRM. Using the search function
of that Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level in the Nassif Building at the DOT
street address stated in ADDRESSES. Comments will be available in the
AD docket shortly after the Docket Management System receives them.
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an AD (the ``original NPRM'') for all Boeing
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The
original NPRM was published in the Federal Register on February 15,
2005 (70 FR 7697). The original NPRM proposed to require an inspection
for chafing of certain wire bundles located above the center fuel tank,
corrective actions if necessary, and replacement of wire bundle clamps
with new clamps.
Actions Since Original NPRM Was Issued
Since we issued the original NPRM, the airplane manufacturer has
published Boeing Service Bulletin 737-28-1208, Revision 1, dated August
25, 2005. (The original issue, dated July 8, 2004, was referenced in
the original NPRM as the appropriate source of service information for
addressing the unsafe condition.) Revision 1 includes the following
revisions to the accomplishment instructions of the service bulletin:
Adds an inspection for damage to the fuel vapor barrier
area located below the wire bundles and corrective action, if the fuel
vapor barrier is present. The corrective action is to repair any damage
in accordance with paragraph 8 of chapter 28-11-0 or paragraph 11 of
chapter 28-11-00, as applicable, Integral Fuel Tanks--Approved Repairs,
Secondary Fuel Barrier Sealant Approved Repairs, of the Boeing 737
Airplane Maintenance Manual.
Removes reference to repairing wire damage in accordance
with ``an approved equivalent procedure.''
[[Page 72084]]
Adds instructions for installing a protective sleeve on
the upper bundle of the bundle run at station 616, right buttock line
(RBL) and left buttock line (LBL) 24.50.
Based on the changes made in Revision 1, we have made the following
changes to this supplemental NPRM:
Added the inspection of the fuel vapor barrier area to
paragraph (f).
Removed the difference statement, not allowing repair of
wire damage in accordance with an approved equivalent procedure, from
paragraph (f).
Added the installation of the protective sleeve to
paragraph (g).
Referenced Revision 1 of Boeing Service Bulletin 737-28-
1208 as the appropriate source of service information for accomplishing
the proposed actions in paragraphs (f) and (g).
Accomplishing the actions specified in Revision 1 of the service
bulletin is intended to adequately address the unsafe condition.
Comments
We have considered the following comments on the original NPRM.
Support for Original NPRM
One commenter, the manufacturer, supports the original NPRM.
Request To Revise Service Information
One commenter requests that Boeing Service Bulletin 737-28-1208,
dated July 8, 2004, be revised to incorporate several proposed changes
to the accomplishment instructions. The commenter states that it has
coordinated these changes on-site with the airplane manufacturer. The
commenter also states that if the original NPRM is mandated as
proposed, the commenter would have to request approval for an
alternative method of compliance (AMOC) for each airplane that
incorporated the revised work instructions.
We agree, since the airplane manufacturer has published Revision 1
of Boeing Service Bulletin 737-28-1208, which incorporates the
commenter's proposed changes. As discussed previously, we have revised
this supplemental NPRM to reference Revision 1 as the appropriate
source of service information for accomplishing the actions specified
in paragraphs (f) and (g) of this supplemental NPRM.
Request To Revise ``Costs of Compliance''
The same commenter states that it completed the accomplishment
instructions of Boeing Service Bulletin 737-28-1208, dated July 8,
2004, in 10 man-hours. The commenter also states that this figure
excluded time for opening and closing access. We infer the commenter
would like us to revise the ``Costs of Compliance'' section.
We disagree with the commenter's estimate. The ``Cost of
Compliance'' section in this supplemental NPRM describes only the
direct costs of the proposed actions. Based on the best data available,
Revision 1 of Boeing Service Bulletin 737-28-1208 estimates 2 hours to
inspect the wire bundles, 2 hours to replace the clamps, and 3 hours
(rounded up from 2.25 hours) to install the protective sleeve. We
recognize that, in doing these proposed actions, operators may incur
incidental costs in addition to the direct costs. The cost analysis in
AD rulemaking actions, however, typically does not include incidental
costs such as the time required to gain and close access, time
necessary for planning, or time necessitated by other administrative
actions. Those incidental costs, which may vary significantly among
operators, are almost impossible to calculate. In this case, we agree
with the manufacturer's estimate and accordingly have revised the
``Cost of Compliance'' section of this supplemental NPRM.
Clarification of Inspection Terminology
Boeing Service Bulletin 737-28-1208, Revision 1, specifies to
``inspect'' the fuel vapor barrier area located below the wire bundles.
This supplemental NPRM, however, would require doing a detailed
inspection. We have included the definition for a detailed inspection
in a note in this supplemental NPRM.
Clarification of AMOC Paragraph
We have revised this supplemental NPRM to clarify the appropriate
procedure for notifying the principal inspector before using any
approved AMOC on any airplane to which the AMOC applies.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The changes discussed above expand the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
There are about 2,871 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this supplemental NPRM.
Estimated Costs
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Average Number U.S.-
Action Work hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
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Inspection........................ 2 $65 None................ $130................ 1,042 $135,460.
Replacement of wire bundle clamps 5 65 $688 or $1,245, $1,013 or $1,570.... 1,042 Between $1,055,546 and
and installation of protective depending on $1,635,940.
sleeve. applicable kit.
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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.
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 have determined that this proposed AD would not have federalism
implications under Executive Order
[[Page 72085]]
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 that the 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this supplemental NPRM and placed it in the AD docket. See
the ADDRESSES section for a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Boeing: Docket No. FAA-2005-20354; Directorate Identifier 2004-NM-
166-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by December
27, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Boeing Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent chafed wire bundles
near the center fuel tank, which could cause electrical arcing
through the tank wall and ignition of fuel vapor in the fuel tank,
and result in a fuel tank explosion.
Compliance
(e) 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 of Wire Bundles and Fuel Vapor Barrier and Corrective
Actions
(f) Within 60 months after the effective date of this AD: Do a
detailed inspection for chafing of the wire bundles located below
the passenger compartment, above the center fuel tank, aft of
station 540 to approximately station 663.75, right buttock line
(RBL) and left buttock line (LBL) 24.50; do a detailed inspection
for damage to the fuel vapor barrier area located below the wire
bundles, as applicable; and do any applicable corrective actions; by
accomplishing all of the applicable actions specified in the
Accomplishment Instructions of Boeing Service Bulletin 737-28-1208,
Revision 1, dated August 25, 2005. Any corrective actions must be
done before further flight.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Adjustment/Replacement of Wire Bundle Clamps and Installation of
Protective Sleeve
(g) After performing the actions required by paragraph (f) of
this AD: Before further flight, adjust and replace, as applicable,
the wire bundle clamps located aft of station 540; and install a
protective sleeve on the upper bundle of the bundle run at station
616, RBL and LBL 24.50; by accomplishing all of the applicable
actions specified in the Accomplishment Instructions of Boeing
Service Bulletin 737-28-1208, Revision 1, dated August 25, 2005.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Issued in Renton, Washington, on November 18, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-23515 Filed 11-30-05; 8:45 am]
BILLING CODE 4910-13-P