March 3, 2014 Department ofTransportation Docket Operations M-30 West Building Ground Floor Room W12-140 1200 NewJersey Avenue SE Washington, DC 20590 Re: DocketNo. FAA-2013-1027 Federal Aviation Administration: James Milner, Lucindia Monday, and Andrea Tice are honored to exercise our right to comment in support ofthe ndw airworthiness directive for Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. See 78 Fed. Reg.· 239. We are citizens ofthe United States concerned with the potential explosion of certain Boeing airplanes due to installation ofincorrect wire support clamps. Although
we have missed the deadline ofJanuary 27, 2014, for public comment, the gravity ofthe potential harm compels us to submitthis comment nevertheless. 

### I Policy & 

### Authority A fundamental policy underlying the Federal Aviation Act is "preventing deterioration in established safety procedures, recognizing the clear intent
...ofCongress to further the highest degree ofsafety in air transportation and air commerce, and to maintainthe safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public." 1 The Federal Aviation Administration (FAA) is an administration in the Department ofTransportation? The FAA Administrator has various duties and powers, one ofthem being to promulgate

1 49 U.S.C.A. 4010l(a)(3). 2 49 U.S.C.A. 106(a). 1 i**~"\,** I f : _,.·**i~:<**regulations. 3 Chapter 5 ofTitle 5 governs the issuance ofthese regulations, including the notice and comment requirements as outlined in section 553 ofthat same chapter and title.4 

### 11 AirworthinessDirectives According to the Federal Aviation Regulations, 

### airworthiness signifies the aircraft conforms to its type design and is in condition for safe operation.5 Byregulation, one cannot operate a civil aircraft unless it is in an airworthy condition.6 An airworthiness directive (AD) is a legally enforceable rule applying to an aircraft, aircraft engine, propellers, and appliances. 7 The FAA issues an AD when (a) an unsafe condition exists inthe product; and (b) the condition is likely to exist or develop in other products ofthe

same type design.8 An AD specifies inspectionto be carried out, conditions and limitations to be complied with, and any action to be taken to resolve an unsafe condition.9 Ifthe requirements ofan airworthiness directive have not been met, the operator ofthe product violates section 39.7 ofTitle 14 ofthe Code ofFederal Regulations. 10 

### Ill ProposedAirworthinessDirectivefor Certain BoeingAirplanes A. PotentialHarm to Public With the policies and powers ofthe FAA in mind, we supportthe FAA amending 14 CFRpart 3 9 to include a new AD relating to Boeing Company airplanes. 11 The harm

3 49 U.S.C.A. 40113(a); 49 U.S.C.A. 106(g); 49 U.S.C.A. 106(f)(2)(A)(iii); 49 U.S.C.A. 106(f)(3)(A). 4 49 U.S.C.A. I06(f)(3)(A). 5 14 C.F.R. § 3.5. 6 14 C.F.R. § 91.7. 7 14 C.F.R. § 39.3. 8 14 C.F.R. § 39.5. 9 14 C.F.R. § 39.3. 10 14 C.F.R. § 39.7. 11 The Boeing Company: DocketNo. FAA-2013-1027; Directorate Identifier 2013-NM-AD. 2

### contemplated by this new airworthinessdirective is the potential explosion ofcertain Boeing Company airplanes. The apprehension stems from a "report" to the FAA of installation ofincorrect wire support clamps within the left and right Environmental Control Systems (ECS) bay area during the course ofproducing airplanes. ECS is a flammable leakage zone. Using incorrect wire support clamps-ones not fully cushioned-couldpermit contact with exposedmetal on the clamp. This could
cause a short circuit and electrical arcing as a result. Electrical arcing is the discharging ofa luminous current between two electrodes or other points. Arcing would serve as ignition source for flammable fuel vapors. A fuel tank explosion could ensue. The two elements for the FAA in issuing an AD are satisfied in that a reported unsafe conditionincorrect wiring clamps with the attendant threat ofexplosion-belongs to a class of products, in this case, Boeing Company Model 737-600,-700, -700C, -800,-900, and900ER series airplanes. B. Compliance 

### This proposed AD requires as ofits effective date that: (1) within 60 months after the effective date ofthis AD, the operator performs a detailed inspection to determine ifa wire support clamp having part number (PIN) (a) TA0930034-10; (b) TA0930034-10P; (c) TA0930034-10P; (d) TA0930034-11; or 

### (e) TA0930034-12P and do all applicable related investigative and corrective actions before further flight, in accordance with the Accomplishment Instructions ofBoeing Special Attention Service Bulletin 737-28-1312 (dated April19, 2013); and

3(2) no personmay install a wire support clamp on any airplane within the ECS area defined in the Accomplishment Instructions ofBoeing Special Attention Service Bulletin 737-28-1312 (dated April19, 2013), unless the clamp has 

### PIN (a) TA0930034-10; (b) TA0930034-10P; (c) TA0930034-11; or (d) TA0930034-12P. C. Costs The FAA estimates that this proposed newAD affects 519 airplanes inthe U.S. Registry. A problem with 519 airplanes, where even one ofthem could explode because ofan incorrect clamp, should not go unaddressed by government, especially where the costs ofcompliance on operators seem reasonable. The FAA estimates that the labor cost for 

### inspection would be $510

### petproduct, i.e., 6 hours ofwork times $85 anhour. $510 times 519 affected airplanes equals $264,690 as an estimated cost on U.S. operators for inspection. Regarding investigative and corrective actions, the FAA estimates that labor costs would be a total of$85 for one hour ofwork at $85 perhour. In addition to labor costs, the FAA estimates a $3 parts cost, which raises the estimated cost per productto $88. We hope and ask that these 519 planes not be operated until investigative and corrective action has taken place. Some ofthe costs on affected operators may be offset bythe manufacturer's warranties. Ifnot for the value ofhuman life itself, there is an incentive for industry to comply so as to prevent a costly explosion. In all, adopting this proposed airworthiness would further the government's noble aim of"maintain[ing] the safety vigilance that has evolved in air transportation and air commerce and has come to be expectedbythe traveling and shipping public." We therefore support this newAD.

4

## .. Sincerely,

James Ilner (student) MercerUniversity School ofLaw 1021 GeorgiaAvenue Macon, GA 31207 jmilner14@lawmail.mercer.edu

Lucindia Monday (student) MercerUniversity School ofLaw 1

021 GeorgiaAvenue Macon, GA 31207 !monday15@laW!nail.mercer.edu

Andrea Tice (student) Mercer University School ofLaw 1

021 Georgia Avenue Macon, GA 31207 atice14@lawmail.mercer.edu



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