[Federal Register Volume 70, Number 230 (Thursday, December 1, 2005)]
[Proposed Rules]
[Pages 72083-72085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23515]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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

[[Page 72083]]



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.

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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.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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:
    <bullet> 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.
    <bullet> Removes reference to repairing wire damage in accordance 
with ``an approved equivalent procedure.''

[[Page 72084]]

    <bullet> 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:
    <bullet> Added the inspection of the fuel vapor barrier area to 
paragraph (f).
    <bullet> Removed the difference statement, not allowing repair of 
wire damage in accordance with an approved equivalent procedure, from 
paragraph (f).
    <bullet> Added the installation of the protective sleeve to 
paragraph (g).
    <bullet> 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Average                                                Number U.S.-
              Action                 Work hours   labor rate          Parts           Cost per airplane    registered              Fleet cost
                                                   per hour                                                 airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection........................            2          $65  None................  $130................        1,042  $135,460.
Replacement of wire bundle clamps             5           65  $688 or $1,245,       $1,013 or $1,570....        1,042  Between $1,055,546 and
 and installation of protective                                depending on                                             $1,635,940.
 sleeve.                                                       applicable kit.
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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

[[Page 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.


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  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 Sec.  
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]
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