AD 2005-23-16

[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Rules and Regulations]
[Pages 69423-69424]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 05-22593]



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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.

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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 <a href="http://dms.dot.gov">http://dms.dot.gov</a> 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a> 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

[[Page 69424]]

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

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 Federal Aviation Administration (FAA) amends Sec.  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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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 <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    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