[Federal Register Volume 69, Number 228 (Monday, November 29, 2004)]
[Rules and Regulations]
[Pages 69277-69278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26190]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18562; Directorate Identifier 2003-NM-147-AD; 
Amendment 39-13883; AD 2004-24-07]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, and -900 Series 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 Boeing Model 737-600, -700, -700C, -800, and -900 series 
airplanes. This AD requires replacing the bracket for the wire bundle 
of the fuel quantity indicating system (FQIS), performing a general 
visual inspection of the FQIS wire bundle for damage, and doing 
corrective actions if necessary. This AD is prompted by a report of an 
incorrectly installed FQIS wire bundle. We are issuing this AD to 
prevent chafing of the FQIS wire(s) in the center fuel tank, which, 
when combined with a lightning strike or a power wire short to the FQIS 
wire(s), could result in arcing in the center fuel tank and consequent 
fuel tank explosion.

DATES: This AD becomes effective January 3, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of 
January 3, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207. You can examine this information at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Room PL-401, on 
the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: 
    Technical information: Douglas 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.
    Plain language information: Marcia Walters, <a href="/cdn-cgi/l/email-protection#cea3afbcada7afe0b9afa2baabbcbd8ea8afafe0a9a1b8"><span class="__cf_email__" data-cfemail="a2cfc3d0c1cbc38cd5c3ced6c7d0d1e2c4c3c38cc5cdd4">[email protected]</span></a>.

Examining the 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 DOT 
street address stated in the ADDRESSES section.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Boeing Model 737-600, -700, -700C, -800, and -
900 series airplanes. That action, published in the Federal Register on 
July 8, 2004 (69 FR 41207), proposed to require replacing the bracket 
for the wire bundle of the fuel quantity indicating system (FQIS), 
performing a general visual inspection of the FQIS wire bundle for 
damage, and doing corrective actions 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.

Agree With Proposed AD

    Two commenters, the Air Line Pilots Association, on behalf of its 
members, and the manufacturer, generally agree with the proposed AD.

Request To Reduce Compliance Time

    One commenter, the Civil Aviation Authority, which is the 
airworthiness authority for the United Kingdom, requests reducing the 
compliance time specified in paragraph (f) of the proposed AD. The 
proposed compliance time is ``within 24 months after the effective date 
of this AD.'' The commenter notes that Boeing issued Special Attention 
Service Bulletin 737-28-1190, dated January 16, 2003, over a year and a 
half ago. The commenter contends that the compliance time in the 
proposed AD should be reduced to ensure the prevention of a chaffed 
wire in the fuel tank.
    We do not agree to reduce the compliance time in the final rule. In 
developing an appropriate compliance time, we considered the safety 
implications, parts availability, and maintenance schedules that would 
allow for timely accomplishment and minimal fuel tank entries. 
Minimizing fuel tank entries reduces the potential for unintended 
hazardous conditions. In consideration of all of these factors, we 
determined that the compliance time, as proposed, represents an 
appropriate interval in which the required actions can be done 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.

[[Page 69278]]

Costs of Compliance

    There are about 1,063 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 518 airplanes of U.S. 
registry.
    Replacing the bracket will take about 1 work hour per airplane, at 
an average labor rate of $65 per work hour. Required parts will cost 
about $186 per airplane. Based on these figures, we estimate the cost 
of the required replacement on U.S. operators to be $130,018, or $251 
per airplane.
    Inspecting the FQIS wire bundle will take approximately 1 work hour 
per airplane, at an average labor rate of $65 per work hour. Based on 
these figures, we estimate the cost of the required inspection on U.S. 
operators to be $33,670, or $65 per airplane.

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):

2004-24-07 Boeing: Amendment 39-13883. Docket No. FAA-2004-18562; 
Directorate Identifier 2003-NM-147-AD.

Effective Date

    (a) This AD becomes effective January 3, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, -800, 
and -900 series airplanes, as listed in Boeing Special Attention 
Service Bulletin 737-28-1190, Revision 1, dated March 27, 2003; 
certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report of an incorrectly installed 
fuel quantity indicating system (FQIS) wire bundle. We are issuing 
this AD to prevent chafing of the FQIS wire(s) in the center fuel 
tank, which, when combined with a lightning strike or a power wire 
short to the FQIS wire(s), could result in arcing in the center fuel 
tank and consequent 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.

Replacement and Inspection

    (f) Within 24 months after the effective date of this AD, 
replace the bracket for the FQIS wire bundle with a new, improved 
bracket, perform a general visual inspection of the FQIS wire bundle 
for damage, and perform any applicable corrective actions, by 
accomplishing all of the actions specified in the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 737-28-
1190, Revision 1, dated March 27, 2003. Do any applicable corrective 
actions before further flight.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Actions Accomplished in Accordance With Previous Issue of Service 
Bulletin

    (g) Actions accomplished before the effective date of this AD in 
accordance with Boeing Special Attention Service Bulletin 737-28-
1190, dated January 16, 2003, are considered acceptable for 
compliance with the corresponding action specified in this AD.

Parts Installation

    (h) As of the effective date of this AD, no person may install a 
bracket, part number 287A9111-3, for the FQIS wire bundle, on any 
airplane.

Alternative Methods of Compliance (AMOCs)

    (i) 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

    (j) You must use Boeing Special Attention Service Bulletin 737-
28-1190, Revision 1, dated March 27, 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 the document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. For copies of the service information, contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. 
For information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD docket at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC.

    Issued in Renton, Washington, on November 17, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-26190 Filed 11-26-04; 8:45 am]
BILLING CODE 4910-13-P


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