[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Rules and Regulations]
[Pages 69424-69427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22591]


-----------------------------------------------------------------------

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 one-time 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,

[[Page 69425]]

Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6514; 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 airplanes. That NPRM was published in the Federal Register on 
November 5, 2004 (69 FR 64515). That NPRM proposed to require, for 
certain airplanes, a one-time 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, that NPRM 
proposed to require a one-time detailed inspection for discrepancies of 
the wires behind the P15 refuel panel; and corrective and related 
investigative actions if necessary.

Explanation of Service Information Revision

    Since the issuance of the NPRM, the manufacturer has revised the 
service bulletins referenced in this AD. We have reviewed Boeing 
Special Attention Service Bulletins 737-28-1193 and 737-28-1200, both 
Revision 1, both dated July 28, 2005. We have determined that these 
revised service bulletins will neither increase the economic burden on 
any operator nor increase the scope of the AD and should be referenced 
as the appropriate sources of service information for accomplishing the 
requirements of the AD. Therefore, in the AD, we have revised paragraph 
(f) to specify the revised service bulletins, inserted new paragraph 
(g) to give credit for using the original issues of the service 
bulletins (which were referenced as the appropriate sources of service 
information for accomplishing the requirements of the AD) to accomplish 
the required actions before the effective date of the AD, and re-
identified existing paragraph (g) to (h).

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 NPRM.

Request To Revise Inspection and Corrective Action

    One commenter requests that paragraph (f)(2)(ii) of the NPRM be 
changed in the AD to read ``For Group 2 airplanes only as defined in 
Service Bulletin 737-28-1200: Perform a one-time detailed inspection 
for discrepancies of the wires in wire bundle W0024 to connector 
D04578P on the back of the P15 refuel panel and do any applicable 
corrective actions before further flight.'' The commenter states this 
change will provide appropriate operator guidance by tying the detailed 
inspection of Group 2 airplanes to the applicable service bulletin.
    We partially agree. Paragraph (f)(2) of the AD clearly states that 
all applicable actions listed in paragraphs (f)(2)(i) and (f)(2)(ii) of 
this AD must be done in accordance with Boeing Special Attention 
Service Bulletin 737-28-1200, Revision 1, dated July 28, 2005. However, 
for clarity, as paragraph (f)(2)(i) of the NPRM refers to ``Service 
Bulletin 737-28-1200,'' we have revised paragraph (f)(2)(ii) of the AD 
to also refer to ``Service Bulletin 737-28-1200.''

Request for Credit for Visual Check

    Three commenters request that the AD clarify that inspections 
accomplished prior to the effective date of the AD using the ``visual 
check'' criteria specified in Boeing Special Attention Service Bulletin 
737-28-1193, dated April 24, 2003, satisfy the ``detailed inspection'' 
requirement of paragraph (f) of the NPRM. One commenter requests that 
the same clarification be applied for Boeing Special Attention Service 
Bulletin 737-28-1200, dated July 10, 2003. Another commenter requests 
that ``Note 1'' and all references to it be deleted from the AD. The 
commenters state that Note 1 could be interpreted so that only a 
detailed inspection as defined in the NPRM that is accomplished prior 
to the effective date of the AD shall receive credit in accordance with 
paragraph (e) of the AD. The commenters assert that the inspection 
criteria identified as a visual check in Boeing Special Attention 
Service Bulletin 737-28-1193 are equivalent to the detailed inspection 
criteria described in Note 1 of the NPRM, and therefore, applicable 
airplanes that have already accomplished the inspection in accordance 
with Special Attention Service Bulletin 737-28-1193 will not need to be 
re-inspected.
    We partially agree. Airplanes that have received a visual check in 
accordance with Boeing Special Attention Service Bulletin 737-28-1193, 
dated April 24, 2003; or Boeing Special Attention Service Bulletin 737-
28-1200, dated July 10, 2003; as applicable, prior to the effective 
date of this AD, may satisfy the requirement of this AD to perform a 
detailed inspection. If the visual check was performed to the same 
level of complexity and using equipment comparable to that specified 
for a detailed inspection as defined in Note 1 of the AD, credit is 
given according to paragraph (e) of the AD. However, if the visual 
check did not meet all the parameters defined by Note 1, additional 
work is necessary to comply with the requirements of the AD. Therefore, 
we do not agree that the specified visual check necessarily meets the 
requirements of a detailed inspection; nor do we agree that Note 1 and 
its applicable references should be deleted from the AD, as Note 1 
clarifies what constitutes a detailed inspection. However, if anyone 
wishes to submit technical data demonstrating that they have performed 
a visual check that meets the requirements of a detailed inspection as 
defined in Note 1 of the AD, they may request approval of an 
alternative method of compliance (AMOC) in accordance with paragraph 
(h)(1) of the AD. We have not changed the AD in this regard.

Request for Revised Costs of Compliance

    Two commenters request that we revise the costs of compliance. One 
commenter requests that we increase the number of work hours to reflect 
installation of Teflon sleeves around the wiring and revise the 
estimated cost accordingly. A second commenter states that it took 6 
man-hours per airplane to accomplish the actions specified by the 
service bulletin, including operational tests. Though the second 
commenter made no request to change the work hours, we infer that the 
commenter wishes us to revise the estimated cost to reflect 6 man-
hours.
    We do not agree with this request. Costs of compliance are limited 
to only the actions required by the AD, which, in this case, are those 
actions related to the detailed inspection of the wires in wire bundle 
W0024 to connector D04578P on the back of the P15 refueling panel 
required by paragraph (f)(1) of the AD. The cost of any

[[Page 69426]]

``applicable corrective actions'' is conditional on the result of the 
inspection and, regardless of any AD direction, those actions must be 
performed to correct an identified unsafe condition to ensure airworthy 
operation of the airplane, as required by the Federal Aviation 
Regulations. Further, the number of work-hours listed in the AD is 
consistent with the number provided by the service bulletin. We have 
not changed the AD in this regard.

Request To Permit Concurrent Use of Information Notices

    One commenter states that Boeing service bulletins listed in the 
NPRM have information notices (INs) issued against them that provide 
minor clarifications and revisions to materials and part numbers. The 
commenter requests that the final rule allow for the use of the INs 
with the respective service bulletins when accomplishing the 
requirements of the AD. The commenter states this would allow operators 
to take advantage of the changes in the INs without having to request 
an AMOC.
    We concur that the applicable INs may be used with their respective 
Boeing service bulletins when accomplishing the requirements of the AD. 
Information Notices 737-28-1193 IN 01 and 737-28-1200 IN 01 were 
released on September 11, 2003, to provide alternate part numbers, and 
minor clarifications and revisions to materials and part numbers. The 
information in these INs was subsequently incorporated into Boeing 
Special Attention Service Bulletins 737-28-1193 and 737-28-1200, both 
Revision 1, both dated July 28, 2005. Therefore, we have revised 
paragraph (g) of the AD to give credit for using the above INs with 
Boeing Special Attention Service Bulletins 737-28-1193, dated April 24, 
2003; or 737-28-1200, dated July 10, 2003; as applicable, for actions 
accomplished prior to the effective date of this AD.

Request To Reduce the Compliance Time

    One commenter requests that the compliance time be reduced. The 
commenter states that the nature of the fault and hazard that may exist 
during ground and flight operations justifies reducing the 18 month 
compliance time specified in paragraph (f) of the NPRM. The commenter 
did not provide data to substantiate any reduction of the compliance 
time.
    We do not agree to revise the compliance time. The P15 refueling 
panel is powered only when the refueling panel access door is open for 
refueling the airplane, so there is no risk imposed during flight 
operations. Further, the refueling panel is properly grounded to 
protect the operator from any shock hazard during refueling. Therefore, 
the unsafe condition does not warrant immediate action and reduced 
compliance time; however, operators are always free to accomplish the 
requirements of the AD at any time before the compliance time. We have 
not changed the AD in this regard.

Request To Increase the Compliance Time

    One commenter requests that the compliance time be increased. The 
commenter states that Boeing Special Attention Service Bulletin 737-28-
1200 recommends a 24-month compliance time and requests that the 
compliance time be increased to 24 months to align with current Model 
737 Next Generation maintenance programs.
    We do not agree. We considered the urgency associated with the 
unsafe condition and the practical aspects of accomplishing the 
required inspection within an interval that corresponds to the normal 
maintenance schedules of most affected operators and, with manufacturer 
concurrence, arrived at an appropriate compliance time of 18 months for 
all affected airplanes. Further, the manufacturer, in revising Special 
Attention Service Bulletin 737-28-1200, has reduced the recommended 
compliance time from 24 months to 18 months, which aligns with the 
compliance time proposed in the NPRM. In considering all these factors, 
we determined that this compliance time represents an appropriate 
interval during which the wiring behind the P15 refueling panel can be 
inspected and any necessary corrective action taken while still 
maintaining an adequate level of safety. However, under the provisions 
of paragraph (h)(1) of the AD, we may approve requests for adjustments 
to the compliance time if data are submitted to substantiate that such 
adjustments would provide acceptable levels of safety. In addition, if 
further technical data are presented that would justify a revised 
compliance time, we may consider further rulemaking on this issue. We 
have not changed the AD in this regard.

Clarification of AMOC Paragraph

    We have revised this action 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 that have been submitted, 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

    This AD affects about 1,653 airplanes of U.S. registry and 4,254 
airplanes worldwide. The inspections take about 3 work hours per 
airplane, at an average labor rate of $65 per work hour. Based on these 
figures, the estimated cost of this AD for U.S. operators is $322,335, 
or $195 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 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.

[[Page 69427]]

    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):

2005-23-17 Boeing: Amendment 39-14375. Docket No. FAA-2004-19539; 
Directorate Identifier 2004-NM-06-AD.

Effective Date

    (a) This AD becomes effective December 21, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Boeing airplanes listed in Table 1 of 
this AD, certificated in any category:

                         Table 1.--Applicability
------------------------------------------------------------------------
            Airplane                           Line numbers
------------------------------------------------------------------------
Model 737-100, -200, -200C, -    1 through 3132 inclusive.
 300, -400, and -500 series
 airplanes.
Model 737-600, -700, -700C, -    0001 through 1240 inclusive.
 800, and -900 series airplanes.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD was 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.

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.

Inspection and Corrective Actions

    (f) Within 18 months after the effective date of this AD, 
perform the following actions as applicable:
    (1) For Model 737-100, -200, -200C, -300, -400, and -500 series 
airplanes: Perform a one-time detailed inspection of the wires in 
wire bundle W0024 to connector D04578P on the back of the P15 refuel 
panel for discrepancies, and do any applicable corrective and 
related investigative actions before further flight, in accordance 
with the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 737-28-1193, Revision 1, dated July 28, 2005.
    (2) For Model 737-600, -700, -700C, -800, and -900 series 
airplanes: Perform all applicable actions listed in paragraphs 
(f)(2)(i) and (f)(2)(ii) of this AD in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 737-28-1200, Revision 1, dated July 28, 2005.
    (i) For Group 1 and Group 2 airplanes as defined in Service 
Bulletin 737-28-1200: Perform a one-time detailed inspection for 
discrepancies of the clamp and T-bolt assembly on the wing thermal 
anti-ice duct near the P15 refuel panel and do any applicable 
corrective actions before further flight.
    (ii) For Group 2 airplanes only as defined in Service Bulletin 
737-28-1200: Perform a one-time detailed inspection for 
discrepancies of the wires in wire bundle W0024 to connector D04578P 
on the back of the P15 refuel panel and do any applicable corrective 
actions before further flight.


    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive visual examination of a specific structural area, 
system, installation, or assembly to detect damage, failure, or 
irregularity. Available lighting is normally supplemented with a 
direct source of good lighting at intensity deemed appropriate by 
the inspector. Inspection aids such as mirror, magnifying lenses, 
etc., may be used. Surface cleaning and elaborate access procedures 
may be required.''

Credit for Actions Done Previously

    (g) Actions accomplished before the effective date of this AD in 
accordance with Boeing Special Attention Service Bulletin 737-28-
1193, dated April 24, 2003; or Boeing Special Attention Service 
Bulletin 737-28-1200, dated July 10, 2003; as applicable; including 
Information Notices 737-28-1193 IN 01 and 737-28-1200 IN 01; both 
dated September 11, 2003; as applicable, are acceptable for 
compliance with the corresponding actions required by this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle 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.
    (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

    (i) You must use Boeing Special Attention Service Bulletin 737-
28-1193, Revision 1, dated July 28, 2005; or Boeing Special 
Attention Service Bulletin 737-28-1200, Revision 1, dated July 28, 
2005; as applicable; 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 these 
documents 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. 05-22591 Filed 11-15-05; 8:45 am]
BILLING CODE 4910-13-P