[Federal Register: April 19, 2005 (Volume 70, Number 74)]
[Rules and Regulations]
[Page 20275-20276]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap05-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19810; Directorate Identifier 2004-NM-119-AD;
Amendment 39-14062; AD 2005-08-10]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-600, -700, and -800
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 737-600, -700, and -800 series airplanes. This AD
requires doing a general visual inspection for sealant at the interface
of the upper spar fittings, strut side skins, and the fittings of the
thrust reverser strut fairing on the engine struts; and applying an
injection seal or silicone sponge rubber with fillet seal if necessary.
This AD is prompted by a report that an injection seal in the engine
strut area may not have been properly completed or installed during
production. We are issuing this AD to prevent flammable fluid (such as
fuel or hydraulic fluid) from leaking onto a hot engine exhaust nozzle
or into the engine core fire zone, and consequently causing an
uncontrolled fire or explosion.
DATES: This AD becomes effective May 24, 2005.
The incorporation by reference of certain publications listed in
the AD is approved by the Director of the Federal Register as of May
24, 2005.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
Docket: The AD docket contains the proposed AD, comments, and any
final disposition. You can 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 of the Nassif Building at the U.S.
Department of Transportation, 400 Seventh Street SW., room PL-401,
Washington, DC. This docket number is FAA-2004-19810; the directorate
identifier for this docket is 2004-NM-119-AD.
FOR FURTHER INFORMATION CONTACT: Doug Pegors, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425) 917-6504; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR Part 39
with an AD for certain Boeing Model 737-600, -700, and -800 series
airplanes. That action, published in the Federal Register on December
14, 2004 (69 FR 74465), proposed to require doing a general visual
inspection for sealant at the interface of the upper spar fittings,
strut side skins, and the fittings of the thrust reverser strut fairing
on the engine struts; and applying an injection seal or silicone sponge
rubber with fillet seal if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
submitted on the proposed AD. Three commenters support the proposed AD.
Request for Shortening the Compliance Time
A commenter supports the proposed AD, but requests that the
compliance time of 18 months or 3,500 flight cycles be shortened. The
commenter suggests that, due to the low cost of modifying an airplane,
short repair time, and the potential severity of a failure, the
compliance time is too long.
We do not agree with the commenter's suggestion. In developing an
appropriate compliance time, we considered the safety implications and
normal maintenance schedules for timely accomplishment of the required
inspection and repair. Further, we arrived at the compliance time with
operator and manufacturer concurrence. In consideration of all of these
factors, we determined that the compliance time, represents an
appropriate interval in which the engine nacelle struts can be
inspected, and repaired if required, in a timely manner within the
fleet, while still maintaining an adequate level of safety. Operators
are always permitted to accomplish the requirements of an AD at a time
earlier than the specified compliance time. If additional data are
presented that would justify a shorter compliance time, we may consider
further rulemaking on this issue.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD as proposed.
Costs of Compliance
There are about 257 airplanes worldwide of the affected design.
This AD will affect about 99 airplanes of U.S. registry. The inspection
will take about 2 work hours per airplane, at an average labor rate of
$65 per work hour. Based on these figures, the estimated cost of the AD
for U.S. operators is $12,870, or $130 per airplane.
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
[[Page 20276]]
products identified in this rulemaking action.
Regulatory Findings
We have determined that 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) Is not a ``significant rule'' under 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 AD. 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, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 (AD):
2005-08-10 Boeing: Amendment 39-14062. Docket No. FAA-2004-19810;
Directorate Identifier 2004-NM-119-AD.
Effective Date
(a) This AD becomes effective May 24, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 737-600, -700, and -800
series airplanes, as identified in Boeing Special Attention Service
Bulletin 737-54-1040, Revision 1, dated August 14, 2003;
certificated in any category.
Unsafe Condition
(d) This AD was prompted by a report that an injection seal in
the engine strut area may not have been properly completed or
installed during production. We are issuing this AD to prevent
flammable fluid (such as fuel or hydraulic fluid) from leaking onto
a hot engine exhaust nozzle or into the engine core fire zone, and
consequently causing an uncontrolled fire or 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 and Corrective Action
(f) Within 18 months or 3,500 flight cycles after the effective
date of this AD, whichever occurs first: Do a general visual
inspection for sealant at the interface of the upper spar fittings,
strut side skins, and the fittings of the thrust reverser strut
fairing on the engine struts, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-54-
1040, dated November 14, 2002; or Revision 1, dated August 14, 2003.
(1) If the injection seal is found to properly seal the entire
gap, no further action is required by this AD.
(2) If the injection seal is not found to properly seal the
entire gap or if the injection seal is found to be missing, before
further flight, apply an injection seal or silicone sponge rubber
with fillet seal in accordance with the Accomplishment Instructions
of the service bulletin.
Alternative Methods of Compliance (AMOCs)
(g) 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.
Material Incorporated by Reference
(h) You must use Boeing Special Attention Service Bulletin 737-
54-1040, dated November 14, 2002; or Boeing Special Attention
Service Bulletin 737-54-1040, Revision 1, dated August 14, 2003; to
perform the actions that are required by this AD, unless the AD
specifies otherwise. The Director of the Federal Register approves
the incorporation by reference of these documents in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. To get copies of the service
information, go to Boeing Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124-2207. To view the AD docket, go to the
Docket Management Facility, U.S. Department of Transportation, 400
Seventh Street SW., room PL-401, Nassif Building, Washington, DC. To
review copies of the service information, go to the National
Archives and Records Administration. For information on the
availability of this material at the NARA, call (202) 741-6030, or
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on April 11, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-7685 Filed 4-18-05; 8:45 am]
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