75280 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 

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.’’

Prior Inspection/Replacement of Inlet Filters 

(h) Inspecting and replacing DACM inlet 

filters and flushing/cleaning braking systems 

before the effective date of this AD in 

accordance with McDonnell Douglas Service 

Bulletin MD90–32–043, dated April 10, 2000, 

is considered acceptable for compliance with 

the corresponding actions specified in this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, Los Angeles Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19.

Issued in Renton, Washington, on 

December 6, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27512 Filed 12–15–04; 8:45 am] 

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19891; Directorate 

Identifier 2004–NM–136–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–300, –400, and –500 Series 

Airplanes Modified in Accordance With 

Supplemental Type Certificate (STC) 

ST00127BO

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

Boeing Model 737–300, –400, and –500 

series airplanes modified in accordance 

with STC ST00127BO. This proposed 

AD would require installation of 

bonding straps to the safe side harnesses 

of the digital transient suppression 

device of the fuel quantity indicating 

system. This proposed AD is prompted 

by the results of fuel system reviews 

conducted by the STC holder. We are 

proposing this AD to prevent unsafe 

levels of current or energy from entering 

the fuel tank, due to hot short faults or 

threat conditions associated with the 

safe side harness assembly, which could 

result in a fire or explosion of the fuel 

tank.

DATES: We must receive comments on 

this proposed AD by January 31, 2005.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• 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. 

• By 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. 

For service information identified in 

this proposed AD, contact Goodrich 

Fuel & Utility Systems, Goodrich 

Corporation, 100 Panton Road, 

Vergennes, Vermont 05491. 

You can examine the contents of this 

AD docket on the Internet at

http://dms.dot.gov, or in person 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. This docket number is 

FAA–2004–19891; the directorate 

identifier for this docket is 2004–NM–

136–AD.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Richard 

Spencer, Aerospace Engineer, Boston 

Aircraft Certification Office, ANE–150, 

FAA, Engine and Propeller Directorate, 

12 New England Executive Park, 

Burlington, Massachusetts 01803; 

telephone (781) 238–7184; fax (781) 

238–7170. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19891; Directorate Identifier 

2004–NM–136–AD’’ in the subject line 

of your comments. We specifically 

invite comments on the overall 

regulatory, economic, environmental, 

and energy aspects of the proposed AD. 

We will consider all comments 

submitted by the closing date and may 

amend the proposed AD in light of those 

comments. 

We will post all comments we 

receive, 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 proposed AD. 

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 can 

review DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit

http://dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and

http://www.plainlanguage.gov.

Examining the Docket 

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. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

The FAA has examined the 

underlying safety issues involved in 

recent fuel tank explosions on several 

large transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 75281

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (67 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 

requires certain type design (i.e., type 

certificate (TC) and supplemental type 

certificate (STC)) holders to substantiate 

that their fuel tank systems can prevent 

ignition sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 

the failure types under evaluation: 

single failures, single failures in 

combination with another latent 

condition(s), and in-service failure 

experience. For all four criteria, the 

evaluations included consideration of 

previous actions taken that may mitigate 

the need for further action. 

We have determined that the actions 

identified in this AD are necessary to 

reduce the potential of ignition sources 

inside fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in fuel tank explosions and consequent 

loss of the airplane. 

As a result of fuel system reviews 

associated with SFAR 88, the STC 

holder determined that the existing 

design of the safe side harness for the 

digital transient suppression device 

(DTSD) does not incorporate a method 

of positively bonding the harness 

shields to the airframe on certain Boeing 

transport category airplanes that have 

been modified in accordance with STC 

ST00127BO. The DTSD is designed to 

limit current and energy present during 

external threat (lightning/

electromagnetic interference (EMI)) 

conditions from being introduced to the 

fuel quantity indicating system (FQIS) 

wiring. Bonding of the shielded safe 

side wire harnesses that extend from the 

DTSD to the fuel tank entry is essential 

to ensure that any induced threats or hot 

short faults are limited to safe levels. 

Unsafe levels of current or energy 

entering the fuel tank, due to hot short 

faults or threat conditions associated 

with the safe side harness assembly, if 

not corrected, could result in a fire or 

explosion of the fuel tank. 

Relevant Service Information 

We have reviewed Goodrich Service 

Bulletin 737–300766–28–2, Revision 2, 

dated July 28, 2004. The service bulletin 

describes procedures for: 

1. Installing bonding straps on each 

safe side harness. 

2. Modifying each safe side harness 

connector backshell at the tank 

penetrations and at the DTSDs.

3. Replacing only the backshell for all 

circular tank and center tank 

penetrations and DTSD connections that 

use a short 90 degree connector 

backshell. 

4. Replacing the whole backshell for 

all rectangular wing tank penetrations 

that use a long 90 degree connector 

backshell. 

5. Installing ground bracket(s) at the 

wing tank penetration(s). 

6. Installing a ground bracket at the 

center tank penetration. 

7. Installing a ground bracket at wing 

station DTSD locations. 

8. Installing a ground bracket at center 

tank DTSD location. 

9. Installing fuel quantity warning 

labels of the safe side harnesses. 

10. Modifying part number labels for 

the safe side harness. 

11. Bonding verification. 

12. Ensuring each safe side harness 

meets the requirements for minimum 

clearances from other airplane 

equipment. 

Accomplishing the actions specified 

in the service information is intended to 

adequately address the unsafe 

condition. The Goodrich service 

bulletin specifies that the actions must 

be accomplished within the ‘‘applicable 

AD compliance period.’’

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other airplanes of this same 

type design. Therefore, we are 

proposing this AD, which would require 

accomplishing the actions specified in 

the service information described 

previously. 

Costs of Compliance 

There are about 404 airplanes of the 

affected design in the worldwide fleet. 

This proposed AD would affect about 2 

airplanes of U.S. registry. The proposed 

actions would take about 9 work hours 

per airplane, at an average labor rate of 

$65 per work hour. For airplanes 

equipped with a Cinch rectangular 

connector, required parts would cost 

about $1,650 per airplane. For all other 

airplanes, required parts would cost 

about $1,500 per airplane. Based on 

these figures, the estimated cost of the 

proposed AD for U.S. operators is 

between $2,085 and $2,235 per airplane. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, the FAA is charged with 

promoting safety 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 

AD. 

Regulatory Findings 

We have 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 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 

75282 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed 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, 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.

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

Boeing: Docket No. FAA–2004–19891; 

Directorate Identifier 2004–NM–136–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by January 31, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737–

300, –400, and –500 series airplanes 

modified in accordance with Supplemental 

Type Certificate (STC) ST00127BO, 

certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by the results 

of fuel system reviews conducted by the STC 

holder. We are proposing this AD to prevent 

unsafe levels of current or energy from 

entering the fuel tank, due to hot short faults 

or threat conditions associated with the safe 

side harness assembly, which could result in 

a fire or explosion of the fuel tank. 

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. 

Modification 

(f) Within 12 months after the effective 

date of this AD, modify the safe side harness 

connectors at the tank penetrations and the 

digital transient suppression devices, in 

accordance with the Accomplishment 

Instructions of Goodrich Service Bulletin 

737–300766–28–2, Revision 2, dated July 28, 

2004. 

Parts Installation 

(g) As of the effective date of this AD, no 

person may install a safe side harness, Part 

Number 50357–01XX, on any airplane, 

unless that safe side harness has been 

modified in accordance with Goodrich 

Service Bulletin 737–300766–28–2, Revision 

2, dated July 28, 2004. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, Boston Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19.

Issued in Renton, Washington, on 

December 3, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–27519 Filed 12–15–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 99–NM–129–AD] 

RIN 2120–AA64

Airworthiness Directives; Lockheed 

Model L–1011–385 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Supplemental notice of 

proposed rulemaking; reopening of 

comment period. 

SUMMARY: This document revises an 

earlier proposed airworthiness directive 

(AD), applicable to all Lockheed Model 

L–1011–385 series airplanes, that would 

have required repetitive inspections to 

detect corrosion or fatigue cracking of 

certain structural elements of the 

airplane; corrective actions if necessary; 

and incorporation of certain structural 

modifications. This new action revises 

the proposed rule by referencing a new 

service bulletin that, among other 

changes, corrects the effectivity and 

revises the modification threshold of 

various secondary service bulletins. The 

actions specified by this new proposed 

AD are intended to prevent corrosion or 

fatigue cracking of certain structural 

elements, which could result in reduced 

structural integrity of the airplane. This 

action is intended to address the 

identified unsafe condition.

DATES: Comments must be received by 

January 10, 2005.

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 99–NM–

129–AD, 1601 Lind Avenue, SW., 

Renton, Washington 98055–4056. 

Comments may be inspected at this 

location between 9 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. Comments may be submitted 

via fax to (425) 227–1232. Comments 

may also be sent via the Internet using 

the following address: 9-anmnprmcomment@faa.gov. Comments sent 

via fax or the Internet must contain 

‘‘Docket No. 99–NM–129–AD’’ in the 

subject line and need not be submitted 

in triplicate. Comments sent via the 

Internet as attached electronic files must 

be formatted in Microsoft Word 97 for 

Windows or ASCII text. 

The service information referenced in 

the proposed rule may be obtained from 

Lockheed Martin Aircraft & Logistics 

Centers, 120 Orion Street, Greenville, 

South Carolina 29605. This information 

may be examined at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or at 

the FAA, Atlanta Aircraft Certification 

Office, One Crown Center, 1895 Phoenix 

Boulevard, suite 450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT:

William Herderich, Aerospace Engineer, 

Airframe Branch, ACE–117A, FAA, 

Atlanta Aircraft Certification Office, 

One Crown Center, 1895 Phoenix 

Boulevard, suite 450, Atlanta, Georgia 

30349; telephone (770) 703–6082; fax 

(770) 703–6097.

SUPPLEMENTARY INFORMATION:

Comments Invited 

Interested persons are invited to 

participate in the making of the 

proposed rule by submitting such 

written data, views, or arguments as 

they may desire. Communications shall 

identify the Rules Docket number and 

be submitted in triplicate to the address 

specified above. All communications 

received on or before the closing date 

for comments, specified above, will be 

considered before taking action on the 

proposed rule. The proposals contained 

in this action may be changed in light 

of the comments received. 

Submit comments using the following 

format: 

• Organize comments issue-by-issue. 

For example, discuss a request to 

change the compliance time and a 

request to change the service bulletin 

reference as two separate issues.

• For each issue, state what specific 

change to the proposed AD is being 

requested. 

• Include justification (e.g., reasons or 

data) for each request. 

Comments are specifically invited on 

the overall regulatory, economic,