Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69423 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21714; Directorate 

Identifier 2005–NM–065–AD; Amendment 

39–14374; AD 2005–23–16] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –700C, –800, and 

–900 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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 modification of certain wire 

bundles located above the center fuel 

tank. This AD results from fuel system 

reviews conducted by the manufacturer. 

We are issuing this AD to prevent 

chafed wire bundles near the center fuel 

tank, which could cause electrical 

arcing through the tank wall and 

ignition of fuel vapor in the fuel tank, 

and result in a fuel tank explosion. 

DATES: This AD becomes effective 

December 21, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of December 21, 2005. 

ADDRESSES: You may examine the 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., Nassif Building, room PL–401, 

Washington, DC. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Binh Tran, Aerospace Engineer, Systems 

and Equipment Branch, ANM–130S, 

FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6485; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the airworthiness 

directive (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 street address stated in the 

ADDRESSES section. 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to certain Boeing Model 737–600, 

–700, –700C, –800, and –900 series 

airplanes. That NPRM was published in 

the Federal Register on July 5, 2005 (70 

FR 38636). That NPRM proposed to 

require modification of certain wire 

bundles located above the center fuel 

tank. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request for Clarification of Correct 

Type of Material for Lacing Tape 

One commenter states that the service 

bulletin referenced in the NPRM 

identifies an incorrect type of material 

for the lacing tape used to tie the subject 

wire bundles. The commenter reiterates 

the information in the service bulletin 

and notes that the material identified 

therein does not exist. The commenter 

asks for clarification of the correct type 

of material for the lacing tape. 

We agree with the commenter that 

clarification is necessary. This AD now 

identifies the correct type of material for 

the lacing tape for which an incorrect 

material was specified in the service 

bulletin. Lacing tape part number (P/N) 

BMS 13–54, having Type I, Class 2, 

Finish C, Grade D, shown in sheet 3 of 

Figures 5 and 6 of the Accomplishment 

Instructions of the service bulletin, does 

not exist; the correct material is BMS 

13–54, having Type II, Class 1, Finish D/ 

C, Grade D, white or Type III, Class 1, 

Finish C, Grade D, white, any size. The 

manufacturer is aware of this 

discrepancy, agrees with the change, 

and has issued Boeing Information 

Notice (IN) 737–28–1209 IN 01, dated 

July 28, 2005, to inform operators of the 

error. We have included this 

information in paragraph (f) of this AD. 

Request To Increase Work Hours 

One commenter asks that the work 

hours specified to accomplish the 

modification be increased. The 

commenter states that the referenced 

service bulletin shows the work hours 

necessary as 40, but the NPRM specifies 

only 4 work hours. 

We do not agree. The estimate of 40 

work hours specified in the service 

bulletin includes time for gaining access 

and closing up. The cost analysis in AD 

rulemaking actions, however, typically 

does not include costs such as the time 

required to gain access and close up, 

time necessary for planning, or time 

necessitated by other administrative 

actions. Those incidental costs may vary 

significantly among operators and are 

almost impossible to calculate. We 

recognize that, in doing the actions 

required by an AD, operators may incur 

incidental costs in addition to the direct 

costs. However, the estimate of 4 work 

hours, as proposed and as specified in 

this AD, represents the time necessary 

to perform only the actions actually 

required by this AD. We have not 

changed the AD in this regard. 

Clarification of Alternative Method of 

Compliance (AMOC) Paragraph 

We have changed this AD to clarify 

the appropriate procedure for notifying 

the principal inspector before using any 

approved AMOC on any airplane to 

which the AMOC applies. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the changes described 

previously. We have determined that 

these changes will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

There are about 1,636 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 650 airplanes of 

U.S. registry. The modification takes 

about 4 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Required parts cost about $1,446 per 

airplane. Based on these figures, the 

estimated cost of the AD for U.S. 

operators is $1,108,900, or $1,706 per 

airplane. 

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 

69424 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

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 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 and placed it in the AD docket. 

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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2005–23–16 Boeing: Amendment 39–14374. 

Docket No. FAA–2005–21714; 

Directorate Identifier 2005–NM–065–AD. 

Effective Date 

(a) This AD becomes effective December 

21, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737–

600, –700, –700C, –800, and –900 series 

airplanes; certificated in any category; as 

identified in Boeing Service Bulletin 737–28–

1209, dated February 17, 2005. 

Unsafe Condition 

(d) This AD was prompted by the results 

of fuel system reviews conducted by the 

manufacturer. We are issuing this AD to 

prevent chafed wire bundles near the center 

fuel tank, which could cause electrical arcing 

through the tank wall and ignition of fuel 

vapor in the fuel tank, and result in a 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. 

Modification 

(f) Within 60 months after the effective 

date of this AD: Modify the wire bundles 

located below the passenger compartment, 

above the center fuel tank, aft of station 

(STA) 540 through STA 601 inclusive, at 

right buttock line and left buttock line 24.82 

in accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 737–

28–1209, dated February 17, 2005. Lacing 

tape part number (P/N) BMS 13–54, having 

Type I, Class 2, Finish C, Grade D, shown in 

sheet 3 of Figures 5 and 6 of the 

Accomplishment Instructions of the service 

bulletin, does not exist; the correct material 

is BMS 13–54, having Type II, Class 1, Finish 

D/C, Grade D, white, or Type III, Class 1, 

Finish C, Grade D, white, any size. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) 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. 

(2) Before using any AMOC approved in 

accordance with 14 CFR 39.19 on any 

airplane to which the AMOC applies, notify 

the appropriate principal inspector in the 

FAA Flight Standards Certificate Holding 

District Office. 

Material Incorporated by Reference 

(h) You must use Boeing Service Bulletin 

737–28–1209, dated February 17, 2005, to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for a copy of this 

service information. You may review copies 

at the Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh 

Street, SW., room PL–401, Nassif Building, 

Washington, DC; on the Internet at http:// 

dms.dot.gov; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at the NARA, call (202) 741–6030, 

or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

November 7, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–22593 Filed 11–15–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19539; Directorate 

Identifier 2004–NM–06–AD; Amendment 39–

14375; AD 2005–23–17] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 737 airplanes. This AD 

requires, for certain airplanes, a onetime detailed inspection for interference 

between a clamp assembly and the 

wires behind the P15 refuel panel, and 

corrective actions if necessary. For 

certain other airplanes, this AD requires 

a one-time detailed inspection for 

discrepancies of the wires behind the 

P15 refuel panel; and corrective and 

related investigative actions if 

necessary. This AD is prompted by 

evidence of chafed wiring behind the 

P15 refuel panel and arcing to the back 

of the P15 refuel panel and adjacent 

wing structure. We are issuing this AD 

to detect and correct chafing of the 

wiring behind the P15 refuel panel, 

which could lead to arcing and fire with 

consequent airplane damage and injury 

to refueling personnel. 

DATES: This AD becomes effective 

December 21, 2005. 

The incorporation by reference of 

certain publications listed in the AD is 

approved by the Director of the Federal 

Register as of December 21, 2005. 

ADDRESSES: You may examine the 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., Nassif Building, room PL–401, 

Washington, DC. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Vevea, Aerospace Engineer,