[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Rules and Regulations]
[Pages 34091-34094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15934]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-308-AD; Amendment 39-12287; AD 2001-13-07]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-300, 737-400, 737-500, 
737-600, 737-700, 737-800, 757-200, 757-200PF, 757-200CB, and 757-300 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 737-300, 737-400, 737-500, 737-600, 
737-700, 737-800, 757-200, 757-200PF, 757-200CB, and 757-300 series 
airplanes. This AD requires a test of the two electrical circuits that 
close the fuel shutoff valve on the wing spar, and repair, if 
necessary. This action is necessary to prevent inability to shut off 
the flow of fuel to an engine after an uncontained engine failure, 
which could result in a fire spreading to other parts of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Effective August 1, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 1, 2001.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Kathrine Rask, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 227-1547; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 737-300, 737-
400, 737-500, 737-600, 737-700, 737-800, 757-200, 757-200PF, 757-200CB, 
and 757-300 series airplanes was published in the Federal Register on 
December 29, 2000 (65 FR 82957). That action proposed to require a test 
of the two electrical circuits that close the fuel shutoff valve on the 
wing spar, and repair, if necessary.

Explanation of New Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 737-28-
1164, Revision 1, dated May 10, 2001, which describes procedures for a 
one-time test of the two electrical circuits that close the fuel 
shutoff valve on each wing spar to determine if there is continuity, 
and location and repair of any discontinuity. The procedures described 
in Revision 1 of the service bulletin are essentially similar to those 
described in the original issue of the service bulletin, dated August 
24, 2000, which was listed in the proposed rule as the appropriate 
source of service information for Boeing Model 737-300, 737-400, and 
737-500 series airplanes. Revision 1 merely corrects the location of 
two electrical connectors. Accomplishment of the actions specified in 
Revision 1 of the service bulletin is intended to adequately address 
the identified unsafe condition.
    In consideration of this new service information, the FAA has 
revised paragraph (a) of this final rule to refer to Boeing Service 
Bulletin 737-28-1164, Revision 1, in addition to the original issue of 
the service bulletin, as an acceptable source of service information 
for accomplishment of paragraph (a) on Boeing Model 737-300, -400, and 
-500 series airplanes.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

[[Page 34092]]

Support for the Proposal

    Two commenters support the proposed rule.

Provide Credit for Use of Telexes

    One commenter requests that the FAA revise the proposed AD to give 
credit for accomplishment of the proposed actions using the following 
telexes:
    <bullet> Boeing All Base Telex M-7200-00-01064, dated April 24, 
2000
    <bullet> Boeing Telex SWA-DAL-00-00182H, dated March 27, 2000
    <bullet> Boeing Telex CAL-IAH-00-00681H, dated April 7, 2000
    <bullet> Boeing All Base Telex M-7200-00-01231, dated May 31, 2000
    <bullet> Boeing Telex AAL-AFW-00-00324H, dated March 27, 2000
    The commenter states that the instructions in these telexes are 
consistent with those in the service bulletins referenced in the 
proposed AD. The airplane manufacturer issued the telexes to provide 
adequate instructions to operators that wanted to perform the tests on 
their airplanes before the applicable service bulletins were available.
    The FAA concurs with the commenter's request, and has added Note 3 
to this AD to give credit for using the referenced telexes to 
accomplish the requirements of this AD before the effective date of 
this AD.

Revise Cost Impact Estimate

    Two commenters state that the proposed actions have already been 
accomplished on certain airplanes in their fleets. The FAA infers that 
the commenters are requesting that the FAA revise the ``Cost Impact'' 
section of the proposed AD to reflect the accomplishment of the 
proposed requirements on some airplanes. The FAA concurs with the 
commenters' request and has revised the ``Cost Impact'' section of this 
AD to reflect that some airplanes have already complied with this AD.
    One commenter states that the test, as proposed, takes two hours. 
Though the commenter does not specify which airplane model its estimate 
applies to, the FAA infers that the commenter is requesting that the 
FAA increase the estimate of work hours for Model 737-300, -400, and -
500 series airplanes from one to two work hours. The FAA concurs with 
this request, and has revised the ``Cost Impact'' section of this AD 
accordingly.

Request To Consider Need for Repetitive Tests

    One commenter requests that the FAA and the airplane manufacturer 
review the Maintenance Planning Document for the affected airplane 
models to assess whether repetitive tests of the circuits subject to 
the proposed AD are necessary. The commenter does not request a change 
to the proposed rule.
    The FAA acknowledges the commenter's concern. At this time, the 
Maintenance Planning Document for the Model 737 and 757 series 
airplanes includes only a check of the fuel shutoff valve. The 
procedure for this check is similar to the functional test that is 
performed during production of the airplane, which was described in the 
proposed AD, in that the test only verifies that one of the two 
circuits needed to supply power for the fuel shutoff valve operates 
correctly. The FAA and the airplane manufacturer are coordinating 
development of a new functional test that would verify that both 
circuits work correctly. No change to the final rule is necessary in 
this regard.

Request To Extend Compliance Time

    One commenter requests that the FAA extend the compliance time from 
6 months to 18 months for the test specified in the proposed AD. The 
commenter states that an 18-month compliance time will allow operators 
to perform the test in the proposed AD at a regularly scheduled 
maintenance interval. The commenter notes that a 6-month compliance 
time does not align with the provisions of Air Transport Association 
Specification 111, which states, ``to capture the majority of scheduled 
maintenance periods, a nominal `intermediate' check described by an 
interval of 18 months and an aircraft downtime of one-to-three days 
should be considered.''
    The FAA does not concur with the commenter's request. The commenter 
provides no technical justification for increasing the compliance time 
as requested. The unsafe condition addressed by this AD--inability to 
shut off the flow of fuel to an engine after an uncontained engine 
failure--is a significant safety issue, and the FAA has determined that 
the compliance time of 6 months, as proposed, is warranted. This 
decision is based on the anticipated rate of latent failures in the 
system. In developing an appropriate compliance time for the actions 
required by this AD, the FAA considered not only those safety issues, 
but the manufacturer's recommendations, parts availability, and the 
practical aspect of accomplishing the required test within an interval 
paralleling normal scheduled maintenance for the majority of affected 
operators. In light of all of these factors, the FAA considers 6 months 
an appropriate compliance time wherein safety will not be adversely 
affected. No change to the final rule is necessary in this regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 3,403 Model 737-300, 737-400, 737-500, 737-
600, 737-700, 737-800, 757-200, 757-200PF, 757-200CB, and 757-300 
airplanes of the affected design in the worldwide fleet.
    The FAA estimates that this AD will affect 795 Model 737-300, -400, 
and -500 airplanes of U.S. registry. The required test will take 
approximately 2 work hours, at an average labor rate of $60 per work 
hour. A commenter has advised the FAA that two of these U.S.-registered 
airplanes have already been tested according to the requirements of 
this AD. Therefore, based on the figures stated above, the FAA 
estimates the future cost impact of this AD on U.S. operators of Model 
737-300, -400, and -500 series airplanes to be $95,160, or $120 per 
airplane.
    The FAA estimates that this AD will affect 820 Model 737-600, 737-
700, 737-800, 757-200, 757-200PF, 757-200CB, and 757-300 airplanes of 
U.S. registry. The required test will take approximately 3 work hours 
on each of these airplanes, at an average labor rate of $60 per work 
hour. A commenter has advised the FAA that 30 of these U.S.-registered 
airplanes have already been tested according to the requirements of 
this AD. Therefore, based on these figures, the FAA estimates the 
future cost impact of this AD on U.S. operators of these airplanes to 
be $142,200, or $180 per airplane.
    The cost impact figures discussed above are based on assumptions 
that not all operators have yet accomplished the requirements of this 
AD action, and that no more operators would accomplish those actions in 
the future if this AD were not adopted. As explained previously, 
commenters have advised the FAA that some airplanes have been tested 
according to the requirements of this AD, and the estimated future cost 
impact has been reduced accordingly in this final rule. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to

[[Page 34093]]

perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

2001-13-07  Boeing: Amendment 39-12287. Docket 2000-NM-308-AD.

    Applicability: The following models and series of airplanes as 
listed in the service bulletins below, certificated in any category:

------------------------------------------------------------------------
                                              Boeing special attention
              Airplane Model                      service bulletin
------------------------------------------------------------------------
737-300, 737-400, 737-500.................  737-28-1164, dated August
                                             24, 2000.
737-600, 737-700, 737-800.................  737-28-1160, Revision 1,
                                             dated October 26, 2000.
757-200, 757-200PF, 757-200CB.............  757-28-0060, Revision 1,
                                             dated October 26, 2000.
757-300...................................  757-28-0061, Revision 1,
                                             dated October 26, 2000.
------------------------------------------------------------------------


    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent inability to shut off the flow of fuel to an engine 
after an uncontained engine failure, which could result in a fire 
spreading to other parts of the airplane, accomplish the following:

Test and Repair

    (a) Within 6 months after the effective date of this AD, perform 
a test to determine if there is continuity or to measure voltage, as 
applicable, of the two electrical circuits that close the fuel 
shutoff valve on the wing spar. Do the test per Boeing Special 
Attention Service Bulletin 737-28-1164, dated August 24, 2000, or 
Boeing Service Bulletin 737-28-1164, Revision 1, dated May 10, 2001 
(for Boeing Model 737-300, 737-400, and 737-500 series airplanes); 
or Boeing Special Attention Service Bulletin 737-28-1160, Revision 1 
(for Boeing Model 737-600, 737-700, and 737-800 series airplanes); 
Boeing Special Attention Service Bulletin 757-28-0060, Revision 1 
(for Boeing Model 757-200, 757-200PF, and 757-200CB series 
airplanes); or Boeing Special Attention Service Bulletin 757-28-
0061, Revision 1 (for Boeing Model 757-300 series airplanes); all 
dated October 26, 2000; as applicable.
    (1) For Boeing Model 737-300, 737-400, and 737-500 series 
airplanes: If any discontinuity is detected, prior to further 
flight, repair per Boeing Service Bulletin 737-28-1164.
    (2) For airplane models other than those listed in paragraph 
(a)(1) of this AD: If any measurement is not between 21 and 34 volts 
direct current (DC), prior to further flight, repair per the 
applicable service bulletin.

    Note 2: Tests accomplished per Boeing Special Attention Service 
Bulletin 737-28-1160 (for Boeing Model 737-600, 737-700, and 737-800 
series airplanes), dated June 5, 2000; Boeing Special Attention 
Service Bulletin 757-28-0060 (for Boeing Model 757-200, 757-200PF, 
and 757-200CB series airplanes), dated June 15, 2000; or Boeing 
Special Attention Service Bulletin 757-28-0061, dated June 15, 2000 
(for Boeing Model 757-300 series airplanes); as applicable; are 
acceptable for compliance with paragraph (a) of this AD.


    Note 3: Tests accomplished prior to the effective date of this 
AD per Boeing All Base Telex M-7200-00-01064, dated April 24, 2000; 
Boeing Telex SWA-DAL-00-00182H, dated March 27, 2000; Boeing Telex 
CAL-IAH-00-00681H, dated April 7, 2000; Boeing All Base Telex M-
7200-00-01231, dated May 31, 2000; or Boeing Telex AAL-AFW-00-
00324H, dated March 27, 2000; are acceptable for compliance with 
paragraph (a) of this AD.

Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Seattle ACO.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (d) The actions shall be done in accordance with Boeing Special 
Attention Service Bulletin 737-28-1164, dated August 24, 2000; 
Boeing Service Bulletin 737-28-1164, Revision 1, dated May 10, 2001; 
Boeing Special Attention Service Bulletin 737-28-1160, Revision 1, 
dated October 26, 2000; Boeing Special Attention Service Bulletin 
757-28-0060, Revision 1, dated October 26, 2000; or Boeing Special 
Attention Service Bulletin 757-28-0061, Revision 1, dated October 
26, 2000; as applicable. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
98124-2207. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

Effective Date

    (e) This amendment becomes effective on August 1, 2001.



[[Page 34094]]


    Issued in Renton, Washington, on June 19, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-15934 Filed 6-26-01; 8:45 am]
BILLING CODE 4910-13-P