This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

72083 

Vol. 70, No. 230 

Thursday, December 1, 2005 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20354; Directorate 

Identifier 2004–NM–166–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–100, –200, –200C, –300, 

–400, and –500 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: The FAA is revising an earlier 

proposed airworthiness directive (AD) 

for all Boeing Model 737–100, –200, 

–200C, –300, –400, and –500 series 

airplanes. The original NPRM would 

have required an inspection for chafing 

of certain wire bundles located above 

the center fuel tank, corrective actions if 

necessary, and replacement of wire 

bundle clamps with new clamps. The 

original NPRM resulted from fuel 

system reviews conducted by the 

manufacturer. This action revises the 

original NPRM by adding an inspection 

for damage to the fuel vapor barrier area 

located below the wire bundles and 

corrective action, if necessary. We are 

proposing this supplemental NPRM 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: We must receive comments on 

this supplemental NPRM by December 

27, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

supplemental NPRM. 

• 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. 

• 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. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for service 

information identified in this proposed 

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: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this supplemental NPRM. 

Send your comments to an address 

listed in the ADDRESSES section. Include 

the docket number ‘‘Docket No. FAA– 

2005–20354; Directorate Identifier 

2004–NM–166–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this supplemental NPRM. We 

will consider all comments received by 

the closing date and may amend this 

supplemental NPRM in light of those 

comments. 

We will post all comments submitted, 

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 supplemental NPRM. 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 may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

Examining the Docket 

You may 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 in the Nassif Building at the DOT 

street address stated in ADDRESSES. 

Comments will be available in the AD 

docket shortly after the Docket 

Management System receives them. 

Discussion 

We proposed to amend 14 CFR part 

39 with a notice of proposed rulemaking 

(NPRM) for an AD (the ‘‘original 

NPRM’’) for all Boeing Model 737–100, 

–200, –200C, –300, –400, and –500 

series airplanes. The original NPRM was 

published in the Federal Register on 

February 15, 2005 (70 FR 7697). The 

original NPRM proposed to require an 

inspection for chafing of certain wire 

bundles located above the center fuel 

tank, corrective actions if necessary, and 

replacement of wire bundle clamps with 

new clamps. 

Actions Since Original NPRM Was 

Issued 

Since we issued the original NPRM, 

the airplane manufacturer has published 

Boeing Service Bulletin 737–28–1208, 

Revision 1, dated August 25, 2005. (The 

original issue, dated July 8, 2004, was 

referenced in the original NPRM as the 

appropriate source of service 

information for addressing the unsafe 

condition.) Revision 1 includes the 

following revisions to the 

accomplishment instructions of the 

service bulletin: 

• Adds an inspection for damage to 

the fuel vapor barrier area located below 

the wire bundles and corrective action, 

if the fuel vapor barrier is present. The 

corrective action is to repair any damage 

in accordance with paragraph 8 of 

chapter 28–11–0 or paragraph 11 of 

chapter 28–11–00, as applicable, 

Integral Fuel Tanks—Approved Repairs, 

Secondary Fuel Barrier Sealant 

Approved Repairs, of the Boeing 737 

Airplane Maintenance Manual. 

• Removes reference to repairing wire 

damage in accordance with ‘‘an 

approved equivalent procedure.’’ 

72084 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules 

• Adds instructions for installing a 

protective sleeve on the upper bundle of 

the bundle run at station 616, right 

buttock line (RBL) and left buttock line 

(LBL) 24.50. 

Based on the changes made in 

Revision 1, we have made the following 

changes to this supplemental NPRM: 

• Added the inspection of the fuel 

vapor barrier area to paragraph (f). 

• Removed the difference statement, 

not allowing repair of wire damage in 

accordance with an approved equivalent 

procedure, from paragraph (f). 

• Added the installation of the 

protective sleeve to paragraph (g). 

• Referenced Revision 1 of Boeing 

Service Bulletin 737–28–1208 as the 

appropriate source of service 

information for accomplishing the 

proposed actions in paragraphs (f) and 

(g). 

Accomplishing the actions specified 

in Revision 1 of the service bulletin is 

intended to adequately address the 

unsafe condition. 

Comments 

We have considered the following 

comments on the original NPRM. 

Support for Original NPRM 

One commenter, the manufacturer, 

supports the original NPRM. 

Request To Revise Service Information 

One commenter requests that Boeing 

Service Bulletin 737–28–1208, dated 

July 8, 2004, be revised to incorporate 

several proposed changes to the 

accomplishment instructions. The 

commenter states that it has coordinated 

these changes on-site with the airplane 

manufacturer. The commenter also 

states that if the original NPRM is 

mandated as proposed, the commenter 

would have to request approval for an 

alternative method of compliance 

(AMOC) for each airplane that 

incorporated the revised work 

instructions. 

We agree, since the airplane 

manufacturer has published Revision 1 

of Boeing Service Bulletin 737–28–1208, 

which incorporates the commenter’s 

proposed changes. As discussed 

previously, we have revised this 

supplemental NPRM to reference 

Revision 1 as the appropriate source of 

service information for accomplishing 

the actions specified in paragraphs (f) 

and (g) of this supplemental NPRM. 

Request To Revise ‘‘Costs of 

Compliance’’ 

The same commenter states that it 

completed the accomplishment 

instructions of Boeing Service Bulletin 

737–28–1208, dated July 8, 2004, in 10 

man-hours. The commenter also states 

that this figure excluded time for 

opening and closing access. We infer the 

commenter would like us to revise the 

‘‘Costs of Compliance’’ section. 

We disagree with the commenter’s 

estimate. The ‘‘Cost of Compliance’’

section in this supplemental NPRM 

describes only the direct costs of the 

proposed actions. Based on the best data 

available, Revision 1 of Boeing Service 

Bulletin 737–28–1208 estimates 2 hours 

to inspect the wire bundles, 2 hours to 

replace the clamps, and 3 hours 

(rounded up from 2.25 hours) to install 

the protective sleeve. We recognize that, 

in doing these proposed actions, 

operators may incur incidental costs in 

addition to the direct costs. The cost 

analysis in AD rulemaking actions, 

however, typically does not include 

incidental costs such as the time 

required to gain and close access, time 

necessary for planning, or time 

necessitated by other administrative 

actions. Those incidental costs, which 

may vary significantly among operators, 

are almost impossible to calculate. In 

this case, we agree with the 

manufacturer’s estimate and accordingly 

have revised the ‘‘Cost of Compliance’’

section of this supplemental NPRM. 

Clarification of Inspection Terminology 

Boeing Service Bulletin 737–28–1208, 

Revision 1, specifies to ‘‘inspect’’ the 

fuel vapor barrier area located below the 

wire bundles. This supplemental 

NPRM, however, would require doing a 

detailed inspection. We have included 

the definition for a detailed inspection 

in a note in this supplemental NPRM. 

Clarification of AMOC Paragraph 

We have revised this supplemental 

NPRM to clarify the appropriate 

procedure for notifying the principal 

inspector before using any approved 

AMOC on any airplane to which the 

AMOC applies. 

FAA’s Determination and Proposed 

Requirements of the Supplemental 

NPRM 

The changes discussed above expand 

the scope of the original NPRM; 

therefore, we have determined that it is 

necessary to reopen the comment period 

to provide additional opportunity for 

public comment on this supplemental 

NPRM. 

Costs of Compliance 

There are about 2,871 airplanes of the 

affected design in the worldwide fleet. 

The following table provides the 

estimated costs for U.S. operators to 

comply with this supplemental NPRM. 

ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per airplane 

Number 

U.S.- 

registered 

airplanes 

Fleet cost 

Inspection ............................... 2 $65 None ...................... $130 ....................... 1,042 $135,460. 

Replacement of wire bundle 

clamps and installation of 

protective sleeve.

5 65 $688 or $1,245, depending on applicable kit.$1,013 or $1,570 ... 1,042 Between $1,055,546 

and $1,635,940. 

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 

proposed AD would not have federalism 

implications under Executive Order 

Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Proposed Rules 72085 

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 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this supplemental NPRM 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, 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Boeing: Docket No. FAA–2005–20354; 

Directorate Identifier 2004–NM–166–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by December 27, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Boeing Model 

737–100, –200, –200C, –300, –400, and –500 

series airplanes, certificated in any category. 

Unsafe Condition 

(d) 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. 

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 of Wire Bundles and Fuel Vapor 

Barrier and Corrective Actions 

(f) Within 60 months after the effective 

date of this AD: Do a detailed inspection for 

chafing of the wire bundles located below the 

passenger compartment, above the center fuel 

tank, aft of station 540 to approximately 

station 663.75, right buttock line (RBL) and 

left buttock line (LBL) 24.50; do a detailed 

inspection for damage to the fuel vapor 

barrier area located below the wire bundles, 

as applicable; and do any applicable 

corrective actions; by accomplishing all of 

the applicable actions specified in the 

Accomplishment Instructions of Boeing 

Service Bulletin 737–28–1208, Revision 1, 

dated August 25, 2005. Any corrective 

actions must be done before further flight. 

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

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.’’

Adjustment/Replacement of Wire Bundle 

Clamps and Installation of Protective Sleeve 

(g) After performing the actions required by 

paragraph (f) of this AD: Before further flight, 

adjust and replace, as applicable, the wire 

bundle clamps located aft of station 540; and 

install a protective sleeve on the upper 

bundle of the bundle run at station 616, RBL 

and LBL 24.50; by accomplishing all of the 

applicable actions specified in the 

Accomplishment Instructions of Boeing 

Service Bulletin 737–28–1208, Revision 1, 

dated August 25, 2005. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(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 § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Issued in Renton, Washington, on 

November 18, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–23515 Filed 11–30–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–23143; Directorate 

Identifier 2005–NM–177–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318–100 Series Airplanes, Model 

A319–100 Series Airplanes, Model 

A320–111 Airplanes, Model A320–200 

Series Airplanes, and Model A321–100 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to certain 

Airbus Model A319, A320, and A321 

series airplanes. The existing AD 

currently requires repetitive inspections 

to detect wear of the inboard flap 

trunnions, and to detect wear or debonding of the protective half-shells; 

corrective actions, if necessary; and 

terminating action. This proposed AD 

would remove the repetitive inspections 

to detect wear of the inboard flap 

trunnions and to detect wear or debonding of the protective half-shells; 

and corrective actions if necessary. This 

proposed AD would add repetitive 

detailed inspections of the inboard flap 

trunnions for any wear marks and of the 

sliding panels for any cracking at the 

long edges, and corrective actions if 

necessary. This proposed AD would 

also add airplanes to the applicability. 

This proposed AD results from reports 

of wear damage to the inboard flap 

trunnions after incorporation of the 

terminating modification. We are 

proposing this AD to detect and correct 

wear of the inboard flap trunnions, 

which could lead to loss of flap surface 

control and consequently result in the 

flap detaching from the airplane. A 

detached flap could result in damage to 

the tail of the airplane. 

DATES: We must receive comments on 

this proposed AD by January 3, 2006. 

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