AD 2008-17-13

[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Rules and Regulations]
[Pages 56956-56958]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-22649]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0149; Directorate Identifier 2007-NM-319-AD; 
Amendment 39-15651; AD 2008-17-13]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 737-100, -200, -200C, -300, -400, and -500 series 
airplanes. This AD requires replacing the existing straight-to-90-
degree hose assembly for the Lavatory ``A'' water supply. The 
replacement is a new straight hose assembly and a separate 90-degree 
elbow fitting. This AD results from a report of a separated hose 
assembly for the passenger water system. We are issuing this AD to 
prevent a water leak into the flight deck ceiling, which could result 
in an electrical short and possible loss of several functions essential 
to safe flight.

DATES: This AD is effective November 5, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 5, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Marcia Smith, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6484; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series 
airplanes. That NPRM was published in the Federal Register on February 
8, 2008 (73 FR 7488). That NPRM proposed to require replacing the 
existing straight-to-90-degree hose assembly for the Lavatory ``A'' 
water supply. The replacement is a new straight hose assembly and a 
separate 90-degree elbow fitting.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the four commenters.

Support for the NPRM

    Boeing concurs with the contents of the proposed rule. Air 
Transport Association, on behalf of its member, United Airlines (UA), 
states that UA supports the proposed rule as drafted.
    Margie Tillotson, a private citizen, has no objections to the NPRM.

Requests To Address Parts Manufacturer Approval (PMA) Parts

    Aviation Data Research (ADR) and Modification and Replacement Parts 
Association (MARPA), make several comments related to PMA parts. ADR 
and MARPA state that the NPRM should be modified to embrace PMA 
alternatives to the original equipment

[[Page 56957]]

manufacturer (OEM) part numbers listed in Boeing Alert Service Bulletin 
737-38A1054, dated August 23, 2007 (which we cited as the appropriate 
source of service information for accomplishing the proposed actions). 
ADR states that two parts could conceivably be affected by the design 
problems underlying the proposed action: In 1992 Parker Hannifin 
obtained a PMA on part number (P/N) 3112002-139 by licensure to produce 
a replacement part for P/N 10-60871-139; in 1996 Crane Resistoflex 
obtained a PMA on P/N R 23582-0366 by licensure to produce a 
replacement part for P/N 10-60871-125.
    ADR points out that under the wording of the NPRM, these parts, 
which presumably suffer the same defects as the OEM part, can be 
installed in place of the OEM parts. In contrast, MARPA states that it 
would appear that installation of PMA alternatives is forbidden, and 
that it is presumptuous to assume that the PMA alternatives are likely 
to be defective. ADR and MARPA request that the NPRM be revised to 
cover possible defective PMA alternative parts. MARPA adds that the AD 
should explicitly permit the installation of other FAA-approved 
replacement or modification parts. In addition, ADR states that there 
should be procedures ``within all AD writing units'' to perform PMA 
research any time a particular part number is affected by a discovered 
defect.
    The FAA recognizes the need for standardization of issues related 
to PMA parts to which the commenter refers, and is currently in the 
process of reviewing issues that address the use of PMAs in ADs at the 
national level. However, the Transport Airplane Directorate considers 
that to delay this particular AD action would be inappropriate, since 
we have determined that an unsafe condition exists and that replacement 
of certain parts must be accomplished to ensure continued safety. 
Therefore, no change has been made to the final rule in this regard.
    We have evaluated the PMA part numbers to which the commenter 
refers. As a point of clarification, the part numbers that the 
commenter mentions, Boeing P/N 10-60871-139 (PMA replacement P/N 
3112002-139) and Boeing P/N 10-60871-125 (PMA replacement P/N R 23582-
0366), are replaced only at the location affected by the AD because of 
a change in design for that location. (These parts may be installed at 
other locations, and the continued use of these parts at those 
locations is acceptable.) We have found that Stratoflex makes 
replacements for both P/N 10-60871-139 and P/N 10-60871-125. Stratoflex 
(originally Crane Resistoflex) P/N 23582-0366, which is a replacement 
for Boeing P/N 10-60871-125, is not in production but some of these 
parts may be installed at the location affected by this AD. PMA P/N 
3112002-139 and PMA P/N R 23582-0366 are marked with both the Boeing 
part number and the PMA part number. Therefore, the requirements of the 
AD apply to these PMA parts and the PMA parts must be removed from 
service at the location affected by the AD. No change has been made to 
the final rule in this regard.

Request To Make Service Information Publicly Available

    MARPA points out that, since Boeing Alert Service Bulletin 737-
38A1054 is not on the public record, it does not seem to meet the 
criteria for incorporation by reference, in which the document must be 
reasonably available to and usable by the persons affected by the 
publication. MARPA states that the regulated industry has repeatedly 
complained about unavailability of service information.
    We infer that MARPA would like us to make Boeing service 
information available online. We are currently in the process of 
reviewing issues surrounding the posting of service bulletins online as 
part of an online AD docket. Once we have thoroughly examined all 
aspects of this issue and have made a final determination, we will 
consider whether our current practice needs to be revised. In the 
meantime, these documents are available for public review at the 
locations specified in paragraph (i)(3) of this AD. Further questions 
regarding publication of documents in the Federal Register or 
incorporation by reference should be directed to the OFR. No change to 
the final rule is necessary in response to this comment.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 779 airplanes of U.S. registry. We 
also estimate that it takes between 4 and 7 work-hours per airplane to 
comply with this AD, depending on the airplane configuration. The 
average labor rate is $80 per work-hour. Required parts cost about $400 
per product. Based on these figures, we estimate the cost of this AD to 
the U.S. operators to be between $560,880 and $747,840, or between $720 
and $960 per product.

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

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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:


[[Page 56958]]


    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 AD:

2008-17-13 Boeing: Amendment 39-15651. Docket No. FAA-2008-0149; 
Directorate Identifier 2007-NM-319-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective November 5, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-100, -200, -200C, -300, 
-400, and -500 series airplanes, certificated in any category; as 
identified in Boeing Alert Service Bulletin 737-38A1054, dated 
August 23, 2007.

Unsafe Condition

    (d) This AD results from a report of a separated hose assembly 
for the passenger water system. We are issuing this AD to prevent a 
water leak into the flight deck ceiling, which could result in an 
electrical short and possible loss of several functions essential to 
safe flight.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Replacement

    (f) Within 60 months after the effective date of this AD, 
replace the existing straight-to-90-degree hose assembly for the 
Lavatory ``A'' water supply with a new straight hose assembly and a 
separate 90-degree elbow fitting, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
38A1054, dated August 23, 2007.

Parts Installation

    (g) As of the effective date of this AD, any hose assembly part 
having a part number identified in Table 1 of this AD must not be 
used in any location that is subject to the requirements of this AD. 
However, those parts may be used in other locations if not otherwise 
prohibited.

               Table 1--Spare Parts Prohibited for This AD
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  Airplane group identified in Boeing
  Alert Service Bulletin 737-38A1054,        Existing part number(s)
         dated August 23, 2007
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1 and 2................................  10-61998-430, AS4471-08-0401,
                                          or AS4471-08-0404.
3......................................  10-61998-25 or 10-60871-125.
4......................................  10-61998-31 or 10-60871-139.
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Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
ATTN: Marcia Smith, Aerospace Engineer, Cabin Safety and 
Environmental Systems Branch, ANM-150S, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 917-6484; fax (425) 
917-6590; has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Material Incorporated by Reference

    (i) You must use Boeing Alert Service Bulletin 737-38A1054, 
dated August 23, 2007, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 
98124-2207.
    (3) You may review copies of the service information 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at 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 August 6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-22649 Filed 9-30-08; 8:45 am]
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