[Federal Register: March 23, 2009 (Volume 74, Number 54)]
[Proposed Rules]
[Page 12094-12096]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr09-13]
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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 12094]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28348; Directorate Identifier 2007-NM-060-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, and -900 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Boeing Model 737-600, -700, -700C, -800 and -900
series airplanes. The original NPRM would have required sealing the
fasteners on the front and rear spars inside the main fuel tank and on
the lower panel of the center fuel tank, inspecting the wire bundle
support installation in the equipment cooling system bays to identify
the type of clamp installed and determine whether the Teflon sleeve is
installed, and doing related corrective actions if necessary. We
subsequently issued a supplemental NPRM to revise the compliance time
for the corrective actions specified in the original NPRM. This action
resulted from a design review of fuel tank systems. This second
supplemental revises the original NPRM by clarifying the applicability
of certain actions for certain airplanes. We are proposing this second
supplemental NPRM to prevent arcing at certain fuel tank fasteners in
the event of a lightning strike or fault current event, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
DATES: We must receive comments on this supplemental NPRM by April 17,
2009.
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 me.boecom@boeing.com;
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 or
425-227-1152.
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: Samuel Spitzer, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6510; 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-2007-
28348; Directorate Identifier 2007-NM-060-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 issued a supplemental notice of proposed rulemaking (NPRM) (the
``first supplemental NPRM'') to amend 14 CFR part 39 to include an
airworthiness directive (AD) that would apply to certain Boeing Model
737-600, -700, -700C, -800 and -900 series airplanes. The first
supplemental NPRM was published in the Federal Register on January 2,
2008 (73 FR 73). That first supplemental NPRM proposed to require
sealing the fasteners on the front and rear spars inside the main fuel
tank and on the lower panel of the center fuel tank, inspecting the
wire bundle support installation in the equipment cooling system bays
to identify the type of clamp installed and determine whether the
Teflon sleeve is installed, and doing related corrective actions if
necessary.
Actions Since Supplemental NPRM Was Issued
Since we issued the first supplemental NPRM, Boeing has revised
Boeing Alert Service Bulletin 737-57A1279, dated January 24, 2007,
(which we referred to as the appropriate source of service information
in the first supplemental NPRM), because certain airplanes were
assigned to an incorrect group number. Additional work is necessary for
the mis-assigned airplanes. The additional work includes sealing the
fuel tank fastener and general visual inspections of the wire bundle
support installation, as applicable. We have reviewed Boeing Alert
Service Bulletin 737-57A1279, Revision 1, dated September 25, 2008
[[Page 12095]]
(``Revision 1 of the service bulletin''). Revision 1 of the service
bulletin includes a change to the service bulletin effectivity as well
as changes to the access instructions for the Krueger flap operation.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received.
Request for More Detailed Information in Airplane Maintenance Manuals
(AMMs)
Continental Airlines (CAL) is concerned that not enough attention
has been given in the proposed AD to ensure that the specific detailed
inspections are preserved for the long-term operation of the CAL fleet.
CAL notes that the AMM includes only generic information. CAL states
that including information detailed by the airplane's production
drawings must be available in manuals that are routinely used by
maintenance personnel. Including this information will prevent
inadvertent reversal of the design configuration that can lead to
creating potential ignition sources.
We infer that CAL would like us to revise the first supplemental
NPRM to include an action to revise maintenance documents that are
routinely used by maintenance personnel. We partially agree. We agree
that ensuring that the requirements of the proposed AD are maintained
throughout the life of the airplane maintains the required level of
safety for this design. We disagree with delaying the issuance of the
AD while the manufacturer works through its processes to develop
revisions to the maintenance documents. We have determined that an
unsafe condition exists and that the actions proposed in this second
supplemental NPRM must be mandated in a timely fashion to ensure
continued operational safety. If the revised maintenance documents are
available and approved, we might consider further rulemaking at that
time.
In addition, we note that as a result of CAL's comment, we have
initiated discussions with Boeing about including more detail in the
Instructions for Continued Airworthiness (ICA) to ensure that the
proposed requirements are maintained throughout the life of the
airplane. We have not changed the supplemental NPRM regarding this
issue.
Explanation of Additional Change
We have added a new paragraph (d) to this second supplemental NPRM
to identify the Air Transport Association (ATA) of America code for the
unsafe condition. We have re-lettered subsequent paragraphs
accordingly.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
We are proposing this supplemental NPRM because we evaluated all
pertinent information and determined an unsafe condition exists and is
likely to exist or develop on other products of the same type design.
Certain changes described above expand the scope of the original NPRM.
As a result, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for the public to
comment on this second supplemental NPRM.
Costs of Compliance
There are about 1,754 airplanes of the affected design in the
worldwide fleet; of these, 645 airplanes are U.S. registered. The
following table provides the estimated costs for U.S. operators to
comply with this second supplemental NPRM, at an average hourly labor
rate of $80.
Estimated Costs
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Number of U.S.-
Action Group Work hours Cost per registered Fleet cost
airplane airplanes
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Sealant application............. 1 62 $4,960 586 $2,906,560
2 28 2,240 44 98,560
3 28 2,240 15 33,600
Inspection...................... 1 4 320 586 187,520
2 4 320 44 14,080
3 2 160 15 2,400
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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 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,
[[Page 12096]]
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:
Boeing: Docket No. FAA-2007-28348; Directorate Identifier 2007-NM-
060-AD.
Comments Due Date
(a) We must receive comments by April 17, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 737-600, -700, -700C, -800 and -900
series airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin 737-57A1279, Revision 1, dated
September 25, 2008.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Unsafe Condition
(e) This AD results from a design review of the fuel tank
systems. The Federal Aviation Administration is issuing this AD to
prevent arcing at certain fuel tank fasteners in the event of a
lightning strike or fault current event, which, in combination with
flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.
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.
Fastener Sealant
(g) Within 60 months after the effective date of this AD: Seal
the fasteners on the front and rear spars inside the main fuel tank
and on the lower panel of the center fuel tank, as applicable, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-57A1279, Revision 1, dated September 25, 2008.
Inspection
(h) Within 60 months after the effective date of this AD:
Perform a general visual inspection of the wire bundle support
installation in the equipment cooling system bays to identify the
type of clamp installed, and determine whether the Teflon sleeve is
installed. Do these actions in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-57A1279, Revision
1, dated September 25, 2008 (``the service bulletin''). Do all
applicable corrective actions before further flight in accordance
with the service bulletin.
Actions Accomplished Previously
(i) Actions done before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 737-57A1279, dated
January 24, 2007, are acceptable for compliance with the
corresponding requirements of this AD only for the following line
numbers (L/Ns): LNs 1 through 570 inclusive, and L/Ns 1692 through
1754 inclusive.
Alternative Methods of Compliance (AMOCs)
(j)(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: Samuel Spitzer, Aerospace Engineer, Propulsion Branch, ANM-
140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue,
SW., Renton, Washington 98057-3356; telephone (425) 917-6510; fax
(425) 917-6590.
(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, in the FAA
Flight Standards District Office (FSDO), or lacking a principal
inspector, your local FSDO. The AMOC approval letter must
specifically reference this AD.
Issued in Renton, Washington, on March 10, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-6217 Filed 3-20-09; 8:45 am]
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