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69424 Federal Register / Vol. 70, No.

220 / Wednesday, November 16, 2005 / Rules and Regulations

is within the scope of that authority airplanes; certificated in any category; as Issued in Renton, Washington, on
because it addresses an unsafe condition identified in Boeing Service Bulletin 737–28– November 7, 2005.
that is likely to exist or develop on 1209, dated February 17, 2005. Kalene C. Yanamura,
products identified in this rulemaking Unsafe Condition Acting Manager, Transport Airplane
action. Directorate, Aircraft Certification Service.
(d) This AD was prompted by the results
of fuel system reviews conducted by the [FR Doc. 05–22593 Filed 11–15–05; 8:45 am]
Regulatory Findings
manufacturer. We are issuing this AD to BILLING CODE 4910–13–P
We have determined that this AD will prevent chafed wire bundles near the center
not have federalism implications under fuel tank, which could cause electrical arcing
Executive Order 13132. This AD will through the tank wall and ignition of fuel DEPARTMENT OF TRANSPORTATION
not have a substantial direct effect on vapor in the fuel tank, and result in a fuel
the States, on the relationship between tank explosion. Federal Aviation Administration
the national government and the States, Compliance
or on the distribution of power and 14 CFR Part 39
(e) You are responsible for having the
responsibilities among the various actions required by this AD performed within [Docket No. FAA–2004–19539; Directorate
levels of government. the compliance times specified, unless the Identifier 2004–NM–06–AD; Amendment 39–
For the reasons discussed above, I actions have already been done. 14375; AD 2005–23–17]
certify that this AD:
Modification RIN 2120–AA64
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866; (f) Within 60 months after the effective Airworthiness Directives; Boeing
(2) Is not a ‘‘significant rule’’ under date of this AD: Modify the wire bundles
Model 737 Airplanes
DOT Regulatory Policies and Procedures located below the passenger compartment,
(44 FR 11034, February 26, 1979); and above the center fuel tank, aft of station AGENCY: Federal Aviation
(3) Will not have a significant (STA) 540 through STA 601 inclusive, at Administration (FAA), Department of
economic impact, positive or negative, right buttock line and left buttock line 24.82 Transportation (DOT).
on a substantial number of small entities in accordance with the Accomplishment
ACTION: Final rule.
Instructions of Boeing Service Bulletin 737–
under the criteria of the Regulatory
28–1209, dated February 17, 2005. Lacing SUMMARY: The FAA is adopting a new
Flexibility Act. tape part number (P/N) BMS 13–54, having
We prepared a regulatory evaluation airworthiness directive (AD) for certain
Type I, Class 2, Finish C, Grade D, shown in
of the estimated costs to comply with Boeing Model 737 airplanes. This AD
sheet 3 of Figures 5 and 6 of the
this AD and placed it in the AD docket. Accomplishment Instructions of the service requires, for certain airplanes, a one-
See the ADDRESSES section for a location bulletin, does not exist; the correct material time detailed inspection for interference
to examine the regulatory evaluation. is BMS 13–54, having Type II, Class 1, Finish between a clamp assembly and the
D/C, Grade D, white, or Type III, Class 1, wires behind the P15 refuel panel, and
List of Subjects in 14 CFR Part 39 Finish C, Grade D, white, any size. corrective actions if necessary. For
Air transportation, Aircraft, Aviation Alternative Methods of Compliance
certain other airplanes, this AD requires
safety, Incorporation by reference, (AMOCs) a one-time detailed inspection for
Safety. discrepancies of the wires behind the
(g)(1) The Manager, Seattle Aircraft
P15 refuel panel; and corrective and
Adoption of the Amendment Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in related investigative actions if
■ Accordingly, under the authority accordance with the procedures found in 14 necessary. This AD is prompted by
delegated to me by the Administrator, CFR 39.19. evidence of chafed wiring behind the
the FAA amends 14 CFR part 39 as (2) Before using any AMOC approved in P15 refuel panel and arcing to the back
follows: accordance with 14 CFR 39.19 on any of the P15 refuel panel and adjacent
airplane to which the AMOC applies, notify wing structure. We are issuing this AD
PART 39—AIRWORTHINESS the appropriate principal inspector in the to detect and correct chafing of the
DIRECTIVES FAA Flight Standards Certificate Holding wiring behind the P15 refuel panel,
District Office. which could lead to arcing and fire with
■ 1. The authority citation for part 39
Material Incorporated by Reference consequent airplane damage and injury
continues to read as follows:
(h) You must use Boeing Service Bulletin to refueling personnel.
Authority: 49 U.S.C. 106(g), 40113, 44701. 737–28–1209, dated February 17, 2005, to DATES: This AD becomes effective
§ 39.13 [Amended] perform the actions that are required by this December 21, 2005.
AD, unless the AD specifies otherwise. The The incorporation by reference of
■ 2. The Federal Aviation Director of the Federal Register approved the certain publications listed in the AD is
Administration (FAA) amends § 39.13 incorporation by reference of this document approved by the Director of the Federal
by adding the following new in accordance with 5 U.S.C. 552(a) and 1 CFR Register as of December 21, 2005.
airworthiness directive (AD): part 51. Contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, ADDRESSES: You may examine the AD
2005–23–16 Boeing: Amendment 39–14374. docket on the Internet at http://
Docket No. FAA–2005–21714; Washington 98124–2207, for a copy of this
service information. You may review copies dms.dot.gov or in person at the Docket
Directorate Identifier 2005–NM–065–AD.
at the Docket Management Facility, U.S. Management Facility, U.S. Department
Effective Date Department of Transportation, 400 Seventh of Transportation, 400 Seventh Street
(a) This AD becomes effective December Street, SW., room PL–401, Nassif Building, SW., Nassif Building, room PL–401,
21, 2005. Washington, DC; on the Internet at http:// Washington, DC.
dms.dot.gov; or at the National Archives and Contact Boeing Commercial
Affected ADs Records Administration (NARA). For Airplanes, P.O. Box 3707, Seattle,
(b) None. information on the availability of this
material at the NARA, call (202) 741–6030,
Washington 98124–2207, for service
Applicability or go to http://www.archives.gov/ information identified in this AD.
(c) This AD applies to Boeing Model 737– federal_register/code_of_federal_regulations/ FOR FURTHER INFORMATION CONTACT:
600, –700, –700C, –800, and –900 series ibr_locations.html. Sherry Vevea, Aerospace Engineer,

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Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69425

Propulsion Branch, ANM–140S, FAA, Comments accomplished the inspection in


Seattle Aircraft Certification Office, We provided the public the accordance with Special Attention
1601 Lind Avenue, SW., Renton, opportunity to participate in the Service Bulletin 737–28–1193 will not
Washington 98055–4056; telephone development of this AD. We have need to be re-inspected.
(425) 917–6514; fax (425) 917–6590. We partially agree. Airplanes that
considered the comments that have
SUPPLEMENTARY INFORMATION:
have received a visual check in
been submitted on the NPRM.
accordance with Boeing Special
Examining the Docket Request To Revise Inspection and Attention Service Bulletin 737–28–
You may examine the airworthiness Corrective Action 1193, dated April 24, 2003; or Boeing
directive (AD) docket on the Internet at Special Attention Service Bulletin 737–
One commenter requests that
http://dms.dot.gov or in person at the 28–1200, dated July 10, 2003; as
paragraph (f)(2)(ii) of the NPRM be
Docket Management Facility office applicable, prior to the effective date of
changed in the AD to read ‘‘For Group
this AD, may satisfy the requirement of
between 9 a.m. and 5 p.m., Monday 2 airplanes only as defined in Service
this AD to perform a detailed
through Friday, except Federal holidays. Bulletin 737–28–1200: Perform a one-
inspection. If the visual check was
The Docket Management Facility office time detailed inspection for
performed to the same level of
(telephone (800) 647–5227) is located on discrepancies of the wires in wire
complexity and using equipment
the plaza level of the Nassif Building at bundle W0024 to connector D04578P on
comparable to that specified for a
the street address stated in the the back of the P15 refuel panel and do detailed inspection as defined in Note 1
ADDRESSES section. any applicable corrective actions before of the AD, credit is given according to
further flight.’’ The commenter states paragraph (e) of the AD. However, if the
Discussion
this change will provide appropriate visual check did not meet all the
The FAA issued a notice of proposed operator guidance by tying the detailed parameters defined by Note 1,
rulemaking (NPRM) to amend 14 CFR inspection of Group 2 airplanes to the additional work is necessary to comply
part 39 to include an AD that would applicable service bulletin. with the requirements of the AD.
apply to certain Boeing Model 737 We partially agree. Paragraph (f)(2) of Therefore, we do not agree that the
airplanes. That NPRM was published in the AD clearly states that all applicable specified visual check necessarily meets
the Federal Register on November 5, actions listed in paragraphs (f)(2)(i) and the requirements of a detailed
2004 (69 FR 64515). That NPRM (f)(2)(ii) of this AD must be done in inspection; nor do we agree that Note 1
proposed to require, for certain accordance with Boeing Special and its applicable references should be
airplanes, a one-time detailed Attention Service Bulletin 737–28– deleted from the AD, as Note 1 clarifies
inspection for interference between a 1200, Revision 1, dated July 28, 2005. what constitutes a detailed inspection.
clamp assembly and the wires behind However, for clarity, as paragraph However, if anyone wishes to submit
the P15 refuel panel, and corrective (f)(2)(i) of the NPRM refers to ‘‘Service technical data demonstrating that they
actions if necessary. For certain other Bulletin 737–28–1200,’’ we have revised have performed a visual check that
airplanes, that NPRM proposed to paragraph (f)(2)(ii) of the AD to also meets the requirements of a detailed
require a one-time detailed inspection refer to ‘‘Service Bulletin 737–28– inspection as defined in Note 1 of the
for discrepancies of the wires behind 1200.’’ AD, they may request approval of an
the P15 refuel panel; and corrective and alternative method of compliance
related investigative actions if Request for Credit for Visual Check
(AMOC) in accordance with paragraph
necessary. Three commenters request that the (h)(1) of the AD. We have not changed
AD clarify that inspections the AD in this regard.
Explanation of Service Information
accomplished prior to the effective date
Revision Request for Revised Costs of
of the AD using the ‘‘visual check’’
Since the issuance of the NPRM, the criteria specified in Boeing Special Compliance
manufacturer has revised the service Attention Service Bulletin 737–28– Two commenters request that we
bulletins referenced in this AD. We have 1193, dated April 24, 2003, satisfy the revise the costs of compliance. One
reviewed Boeing Special Attention ‘‘detailed inspection’’ requirement of commenter requests that we increase the
Service Bulletins 737–28–1193 and paragraph (f) of the NPRM. One number of work hours to reflect
737–28–1200, both Revision 1, both commenter requests that the same installation of Teflon sleeves around the
dated July 28, 2005. We have clarification be applied for Boeing wiring and revise the estimated cost
determined that these revised service Special Attention Service Bulletin 737– accordingly. A second commenter states
bulletins will neither increase the 28–1200, dated July 10, 2003. Another that it took 6 man-hours per airplane to
economic burden on any operator nor commenter requests that ‘‘Note 1’’ and accomplish the actions specified by the
increase the scope of the AD and should all references to it be deleted from the service bulletin, including operational
be referenced as the appropriate sources AD. The commenters state that Note 1 tests. Though the second commenter
of service information for accomplishing could be interpreted so that only a made no request to change the work
the requirements of the AD. Therefore, detailed inspection as defined in the hours, we infer that the commenter
in the AD, we have revised paragraph (f) NPRM that is accomplished prior to the wishes us to revise the estimated cost to
to specify the revised service bulletins, effective date of the AD shall receive reflect 6 man-hours.
inserted new paragraph (g) to give credit credit in accordance with paragraph (e) We do not agree with this request.
for using the original issues of the of the AD. The commenters assert that Costs of compliance are limited to only
service bulletins (which were referenced the inspection criteria identified as a the actions required by the AD, which,
as the appropriate sources of service visual check in Boeing Special in this case, are those actions related to
information for accomplishing the Attention Service Bulletin 737–28–1193 the detailed inspection of the wires in
requirements of the AD) to accomplish are equivalent to the detailed inspection wire bundle W0024 to connector
the required actions before the effective criteria described in Note 1 of the D04578P on the back of the P15
date of the AD, and re-identified NPRM, and therefore, applicable refueling panel required by paragraph
existing paragraph (g) to (h). airplanes that have already (f)(1) of the AD. The cost of any

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69426 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations

‘‘applicable corrective actions’’ is refueling panel access door is open for Conclusion
conditional on the result of the refueling the airplane, so there is no risk We have carefully reviewed the
inspection and, regardless of any AD imposed during flight operations. available data, including the comments
direction, those actions must be Further, the refueling panel is properly that have been submitted, and
performed to correct an identified grounded to protect the operator from determined that air safety and the
unsafe condition to ensure airworthy any shock hazard during refueling. public interest require adopting the AD
operation of the airplane, as required by Therefore, the unsafe condition does not with the changes described previously.
the Federal Aviation Regulations. warrant immediate action and reduced We have determined that these changes
Further, the number of work-hours compliance time; however, operators are will neither increase the economic
listed in the AD is consistent with the always free to accomplish the burden on any operator nor increase the
number provided by the service requirements of the AD at any time scope of the AD.
bulletin. We have not changed the AD before the compliance time. We have
in this regard. not changed the AD in this regard. Costs of Compliance
Request To Permit Concurrent Use of This AD affects about 1,653 airplanes
Request To Increase the Compliance of U.S. registry and 4,254 airplanes
Information Notices Time worldwide. The inspections take about
One commenter states that Boeing 3 work hours per airplane, at an average
service bulletins listed in the NPRM One commenter requests that the
compliance time be increased. The labor rate of $65 per work hour. Based
have information notices (INs) issued on these figures, the estimated cost of
against them that provide minor commenter states that Boeing Special
this AD for U.S. operators is $322,335,
clarifications and revisions to materials Attention Service Bulletin 737–28–1200
or $195 per airplane.
and part numbers. The commenter recommends a 24-month compliance
requests that the final rule allow for the time and requests that the compliance Authority for This Rulemaking
use of the INs with the respective time be increased to 24 months to align Title 49 of the United States Code
service bulletins when accomplishing with current Model 737 Next Generation specifies the FAA’s authority to issue
the requirements of the AD. The maintenance programs. rules on aviation safety. Subtitle I,
commenter states this would allow We do not agree. We considered the section 106, describes the authority of
operators to take advantage of the urgency associated with the unsafe the FAA Administrator. Subtitle VII,
changes in the INs without having to condition and the practical aspects of Aviation Programs, describes in more
request an AMOC. accomplishing the required inspection detail the scope of the Agency’s
We concur that the applicable INs within an interval that corresponds to authority.
may be used with their respective the normal maintenance schedules of We are issuing this rulemaking under
Boeing service bulletins when most affected operators and, with the authority described in subtitle VII,
accomplishing the requirements of the manufacturer concurrence, arrived at an part A, subpart III, section 44701,
AD. Information Notices 737–28–1193 appropriate compliance time of 18 ‘‘General requirements.’’ Under that
IN 01 and 737–28–1200 IN 01 were months for all affected airplanes. section, Congress charges the FAA with
released on September 11, 2003, to Further, the manufacturer, in revising promoting safe flight of civil aircraft in
provide alternate part numbers, and Special Attention Service Bulletin 737– air commerce by prescribing regulations
minor clarifications and revisions to 28–1200, has reduced the recommended for practices, methods, and procedures
materials and part numbers. The compliance time from 24 months to 18 the Administrator finds necessary for
information in these INs was months, which aligns with the safety in air commerce. This regulation
subsequently incorporated into Boeing compliance time proposed in the is within the scope of that authority
Special Attention Service Bulletins 737– NPRM. In considering all these factors, because it addresses an unsafe condition
28–1193 and 737–28–1200, both we determined that this compliance that is likely to exist or develop on
Revision 1, both dated July 28, 2005. time represents an appropriate interval products identified in this rulemaking
Therefore, we have revised paragraph during which the wiring behind the P15 action.
(g) of the AD to give credit for using the refueling panel can be inspected and
above INs with Boeing Special Attention Regulatory Findings
any necessary corrective action taken
Service Bulletins 737–28–1193, dated while still maintaining an adequate We have determined that this AD will
April 24, 2003; or 737–28–1200, dated level of safety. However, under the not have federalism implications under
July 10, 2003; as applicable, for actions provisions of paragraph (h)(1) of the AD, Executive Order 13132. This AD will
accomplished prior to the effective date we may approve requests for not have a substantial direct effect on
of this AD. adjustments to the compliance time if the States, on the relationship between
Request To Reduce the Compliance data are submitted to substantiate that the national government and the States,
Time such adjustments would provide or on the distribution of power and
acceptable levels of safety. In addition, responsibilities among the various
One commenter requests that the levels of government.
compliance time be reduced. The if further technical data are presented
For the reasons discussed above, I
commenter states that the nature of the that would justify a revised compliance
certify that this AD:
fault and hazard that may exist during time, we may consider further
(1) Is not a ‘‘significant regulatory
ground and flight operations justifies rulemaking on this issue. We have not
action’’ under Executive Order 12866;
reducing the 18 month compliance time changed the AD in this regard. (2) Is not a ‘‘significant rule’’ under
specified in paragraph (f) of the NPRM. Clarification of AMOC Paragraph DOT Regulatory Policies and Procedures
The commenter did not provide data to (44 FR 11034, February 26, 1979); and
substantiate any reduction of the We have revised this action to clarify (3) Will not have a significant
compliance time. the appropriate procedure for notifying economic impact, positive or negative,
We do not agree to revise the the principal inspector before using any on a substantial number of small entities
compliance time. The P15 refueling approved AMOC on any airplane to under the criteria of the Regulatory
panel is powered only when the which the AMOC applies. Flexibility Act.

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Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69427

We prepared a regulatory evaluation the FAA amends 14 CFR part 39 as 2005–23–17 Boeing: Amendment 39–14375.
of the estimated costs to comply with follows: Docket No. FAA–2004–19539;
this AD. See the ADDRESSES section for Directorate Identifier 2004–NM–06–AD.
a location to examine the regulatory PART 39—AIRWORTHINESS
Effective Date
evaluation. DIRECTIVES
(a) This AD becomes effective December
List of Subjects in 14 CFR Part 39 ■ 1. The authority citation for part 39 21, 2005.
Air transportation, Aircraft, Aviation continues to read as follows:
Affected ADs
safety, Incorporation by reference, Authority: 49 U.S.C. 106(g), 40113, 44701.
(b) None.
Safety.
§ 39.13 [Amended] Applicability
Adoption of the Amendment
■ 2. The FAA amends § 39.13 by adding (c) This AD applies to the Boeing airplanes
■ Accordingly, under the authority the following new airworthiness listed in Table 1 of this AD, certificated in
delegated to me by the Administrator, directive (AD): any category:

TABLE 1.—APPLICABILITY
Airplane Line numbers

Model 737–100, –200, –200C, –300, –400, and –500 series airplanes ................................................................... 1 through 3132 inclusive.
Model 737–600, –700, –700C, –800, and –900 series airplanes ............................................................................. 0001 through 1240 inclusive.

Unsafe Condition discrepancies of the wires in wire bundle applicable; to perform the actions that are
(d) This AD was prompted by evidence of W0024 to connector D04578P on the back of required by this AD, unless the AD specifies
chafed wiring behind the P15 refuel panel the P15 refuel panel and do any applicable otherwise. The Director of the Federal
and arcing to the back of the P15 refuel panel corrective actions before further flight. Register approved the incorporation by
and adjacent wing structure. We are issuing Note 1: For the purposes of this AD, a reference of these documents in accordance
this AD to detect and correct chafing of the detailed inspection is: ‘‘An intensive visual with 5 U.S.C. 552(a) and 1 CFR part 51.
wiring behind the P15 refuel panel, which examination of a specific structural area, Contact Boeing Commercial Airplanes, P.O.
could lead to arcing and fire with consequent system, installation, or assembly to detect Box 3707, Seattle, Washington 98124–2207,
airplane damage and injury to refueling damage, failure, or irregularity. Available for a copy of this service information. You
personnel. lighting is normally supplemented with a may review copies at the Docket Management
direct source of good lighting at intensity Facility, U.S. Department of Transportation,
Compliance 400 Seventh Street SW., room PL–401, Nassif
deemed appropriate by the inspector.
(e) You are responsible for having the Inspection aids such as mirror, magnifying Building, Washington, DC; on the Internet at
actions required by this AD performed within lenses, etc., may be used. Surface cleaning http://dms.dot.gov; or at the National
the compliance times specified, unless the and elaborate access procedures may be Archives and Records Administration
actions have already been done. required.’’ (NARA). For information on the availability
of this material at the NARA, call (202) 741–
Inspection and Corrective Actions Credit for Actions Done Previously 6030, or go to http://www.archives.gov/
(f) Within 18 months after the effective (g) Actions accomplished before the federal_register/code_of_federal_regulations/
date of this AD, perform the following effective date of this AD in accordance with ibr_locations.html.
actions as applicable: Boeing Special Attention Service Bulletin Issued in Renton, Washington, on
(1) For Model 737–100, –200, –200C, –300, 737–28–1193, dated April 24, 2003; or November 7, 2005.
–400, and –500 series airplanes: Perform a Boeing Special Attention Service Bulletin
one-time detailed inspection of the wires in Kalene C. Yanamura,
737–28–1200, dated July 10, 2003; as
wire bundle W0024 to connector D04578P on Acting Manager, Transport Airplane
applicable; including Information Notices
the back of the P15 refuel panel for 737–28–1193 IN 01 and 737–28–1200 IN 01; Directorate, Aircraft Certification Service.
discrepancies, and do any applicable both dated September 11, 2003; as [FR Doc. 05–22591 Filed 11–15–05; 8:45 am]
corrective and related investigative actions applicable, are acceptable for compliance BILLING CODE 4910–13–P
before further flight, in accordance with the with the corresponding actions required by
Accomplishment Instructions of Boeing this AD.
Special Attention Service Bulletin 737–28–
1193, Revision 1, dated July 28, 2005. Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION
(2) For Model 737–600, –700, –700C, –800, (AMOCs)
and –900 series airplanes: Perform all Federal Aviation Administration
(h)(1) The Manager, Seattle Aircraft
applicable actions listed in paragraphs Certification Office (ACO), FAA, has the
(f)(2)(i) and (f)(2)(ii) of this AD in accordance authority to approve AMOCs for this AD, if 14 CFR Part 39
with the Accomplishment Instructions of requested in accordance with the procedures [Docket No. FAA–2005–22972; Directorate
Boeing Special Attention Service Bulletin found in 14 CFR 39.19. Identifier 2003–NM–265–AD; Amendment
737–28–1200, Revision 1, dated July 28, (2) Before using any AMOC approved in 39–14376; AD 2005–23–18]
2005. accordance with 14 CFR 39.19 on any
(i) For Group 1 and Group 2 airplanes as airplane to which the AMOC applies, notify RIN 2120–AA64
defined in Service Bulletin 737–28–1200: the appropriate principal inspector in the
Perform a one-time detailed inspection for FAA Flight Standards Certificate Holding Airworthiness Directives; Fokker
discrepancies of the clamp and T-bolt District Office. Model F27 Mark 050 Airplanes
assembly on the wing thermal anti-ice duct
near the P15 refuel panel and do any Material Incorporated by Reference AGENCY: Federal Aviation
applicable corrective actions before further (i) You must use Boeing Special Attention Administration (FAA), Department of
flight. Service Bulletin 737–28–1193, Revision 1, Transportation (DOT).
(ii) For Group 2 airplanes only as defined dated July 28, 2005; or Boeing Special ACTION: Final rule; request for
in Service Bulletin 737–28–1200: Perform a Attention Service Bulletin 737–28–1200, comments.
one-time detailed inspection for Revision 1, dated July 28, 2005; as

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