Airworthiness Directives; Boeing Model 737-200, -300, and -400 Series Airplanes, 16445-16447 [05-6347]

Download as PDF Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Proposed Rules imported into the United States from Mexico for processing if they originate from production sites in Mexico that are approved by APHIS because they meet the following conditions and any other conditions determined by the Administrator to be necessary to mitigate the pest risk that such fruits pose: (a) Application of sterile insect technique. Production sites, and a surrounding 1.5 mile buffer area, must be administered under an APHISapproved preventative release program using sterile insect technique for the Mexican fruit fly (Anastrepha ludens). (b) Fruit fly trapping protocol. (1) Trapping densities. In areas where grapefruit, sweet oranges, and tangerines are produced for export to the United States, APHIS approved traps and lures must be placed in production sites and surrounding 1.5 mile buffer areas as follows: (i) For Mexican fruit fly (Anastrepha ludens) and Sapote fruit fly (Anastrepha serpentina): One trap per 10 hectares. (ii) For Mediterranean fruit fly (Ceratitis capitata): One to four traps per 250 hectares. (2) Fruit fly catches. Upon trapping of a Mexican fruit fly, Sapote fruit fly, or Mediterranean fruit fly in a production site or buffer area, exports from that production site are prohibited until the Administrator determines that the phytosanitary measures taken have been effective to allow the resumption of export from that production site. (3) Monitoring. The trapping program must be monitored under an APHISapproved quality control program. (c) Safeguarding. Fruit must be safeguarded against fruit fly infestation using methods approved by APHIS from the time of harvest until processing in the United States. (d) Phytosanitary certificate. Each shipment must be accompanied by a phytosanitary certificate issued by Mexico’s national plant protection organization that contains additional declarations stating that the requirements of paragraphs (a), (b), and (c) of this section have been met. (e) Ports. The harvested fruit may enter the United States only through a port of entry located in one of the Texas counties listed in § 301.64–3(c) of this chapter. (f) Route of transit. Harvested fruit must travel on the most direct route to the processing plant from its point of entry into the United States as specified in the import permit. Such fruit may not enter or transit areas other than the Texas counties listed in § 301.64–3(c) of this chapter. VerDate jul<14>2003 14:50 Mar 30, 2005 Jkt 205001 (g) Approved destinations. Processing plants within the United States must be located within an area in Texas that is under an APHIS-approved preventative release program using sterile insect technique for Mexican fruit fly. (h) Compliance agreements. Processing plants within the United States must enter into a compliance agreement with APHIS in order to handle grapefruit, sweet oranges, and tangerines imported from Mexico in accordance with this section. APHIS will only enter into compliance agreements with facilities that handle and process grapefruit, sweet oranges, and tangerines from Mexico in such a way as to eliminate any risk that exotic fruit flies could be disseminated into the United States, as determined by APHIS. Done in Washington, DC, this 24th day of March 2005. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 05–6269 Filed 3–30–05; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–20731; Directorate Identifier 2004–NM–260–AD] RIN 2120–AA64 Airworthiness Directives; Boeing Model 737–200, –300, and –400 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737–200, –300, and –400 series airplanes. This proposed AD would require replacing the existing fueling float switch in the auxiliary fuel tank with a new, improved fueling float switch, installing a new liner system inside the float switch conduit, and performing related investigative and other specified actions. This proposed AD is prompted by reports of chafing of the directcurrent-powered float switch wiring insulation in the center fuel tank. We are proposing this AD to prevent contamination of the fueling float switch of the auxiliary fuel tank by moisture or fuel, and chafing of the float switch wiring against the float switch PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 16445 conduit in the fuel tank, which could present an ignition source inside the fuel tank that could cause a fire or explosion. DATES: We must receive comments on this proposed AD by May 16, 2005. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://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. • By 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. For service information identified in this proposed AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. You can examine the contents of this AD docket on the Internet at https:// dms.dot.gov, or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., room PL–401, on the plaza level of the Nassif Building, Washington, DC. This docket number is FAA–2005– 20731; the directorate identifier for this docket is 2004–NM–260–AD. FOR FURTHER INFORMATION CONTACT: Sherry Vevea, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 917–6514; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2005–20731; Directorate Identifier 2004–NM–260–AD’’ in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments submitted by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// E:\FR\FM\31MRP1.SGM 31MRP1 16446 Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Proposed Rules 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 proposed AD. Using the search function of that website, 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 can review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you can visit https:// dms.dot.gov. Examining the Docket You can examine the AD docket on the Internet at https://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 of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the DMS receives them. Discussion We previously issued AD 2004–15– 04, amendment 39–13738 (69 FR 44580, July 27, 2004), for certain Boeing Model 737–200, –200C, –300, –400, and –500 series airplanes. That AD requires, among other actions, replacing the fueling float switches in the center and wing fuel tanks with new, improved parts; installing a conduit liner system in the center fuel tank; and replacing conduit assemblies in the wing fuel tanks with new parts. That AD was prompted by several reports of chafing of the direct-current-powered float switch wiring insulation in the center fuel tank. We state in AD 2004–15–04 that we may consider additional rulemaking to require actions similar to those required by AD 2004–15–04 be accomplished on the auxiliary fuel tanks on Model 737 series airplanes. We have now determined that additional rulemaking is necessary, and this proposed AD follows from that determination. Relevant Service Information We have reviewed Boeing Service Bulletin 737–28A1192, Revision 1, dated August 21, 2003. The service bulletin describes procedures for replacing the existing fueling float switch in the auxiliary fuel tank with a new, improved fueling float switch, installing a new liner system inside the VerDate jul<14>2003 14:50 Mar 30, 2005 Jkt 205001 float switch conduit, and performing related investigative and other specified actions. The other specified actions include making wiring changes associated with installing the new, improved float switch. The related investigative actions consist of measuring resistance between the terminal of the bonding jumper and the float switch lug, the terminal of the bonding jumper and the conduit, and the fuel pump assembly and the conduit; testing the conduit for leakage; and testing to make sure that the float switch operates properly and that there is no fuel leakage. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA’s Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. Therefore, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously. Costs of Compliance This proposed AD would affect about 103 airplanes worldwide and 44 airplanes of U.S. registry. The proposed actions would take about 38 work hours per airplane, at an average labor rate of $65 per work hour. Required parts would cost about $1,634 per airplane. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $180,576, or $4,104 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 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. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 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 proposed AD. 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 FAA amends § 39.13 by adding the following new airworthiness directive (AD): Boeing: Docket No. FAA–2005–20731; Directorate Identifier 2004–NM–260–AD. Comments Due Date (a) The Federal Aviation Administration (FAA) must receive comments on this AD action by May 16, 2005. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 737– 200, –300, and –400 series airplanes, certificated in any category, equipped with auxiliary fuel tanks. Unsafe Condition (d) This AD was prompted by reports of chafing of the direct-current-powered float switch wiring insulation in the center fuel E:\FR\FM\31MRP1.SGM 31MRP1 Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Proposed Rules tank. We are issuing this AD to prevent contamination of the fueling float switch of the auxiliary fuel tank by moisture or fuel, and chafing of the float switch wiring against the float switch conduit in the fuel tank, which could present an ignition source inside the fuel tank that could cause a fire or explosion. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–20733; Directorate Identifier 2005–NM–004–AD] RIN 2120–AA64 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. Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135 and –145 Series Airplanes Replacement AGENCY: (f) Within 24 months after the effective date of this AD: Replace the existing fueling float switch in the auxiliary fuel tank with a new, improved fueling float switch, install a new liner system inside the float switch conduit, and perform related investigative and other specified actions, by doing all of the actions in accordance with the Accomplishment Instructions of Boeing Service Bulletin 737–28A1192, Revision 1, dated August 21, 2003. Parts Installation (g) As of the effective date of this AD, no person may install a fueling float switch having part number 8300–146 on the auxiliary fuel tank of any airplane. Actions Accomplished Previously (h) Replacements and conduit liner system installations accomplished before the effective date of this AD in accordance with Boeing Alert Service Bulletin 737–28A1192, dated March 27, 2003, are acceptable for compliance with the requirements of this AD. Alternative Methods of Compliance (AMOCs) (i) 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. Issued in Renton, Washington, on March 21, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–6347 Filed 3–30–05; 8:45 am] BILLING CODE 4910–13–P VerDate jul<14>2003 14:50 Mar 30, 2005 Jkt 205001 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). The FAA proposes to adopt a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135 and –145 series airplanes. This proposed AD would require inspecting to determine the part number of the left and right engine fire handles; and replacing the engine fire handles with engine fire handles having different part numbers if necessary. This proposed AD is prompted by cases of the internal circuit of the engine fire handle failing. We are proposing this AD to prevent failure of the internal circuit of the engine fire handle that could disable the fuel shutoff valves and the discharge of the fire extinguishing agent, which, in the event of a fire, could result in the inability to extinguish a fire. DATES: We must receive comments on this proposed AD by May 2, 2005. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://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. • By 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. For service information identified in this proposed AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. SUMMARY: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 16447 You can examine the contents of this AD docket on the Internet at https:// dms.dot.gov, or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., room PL–401, on the plaza level of the Nassif Building, Washington, DC. This docket number is FAA–2005– 20733; the directorate identifier for this docket is 2005–NM–004–AD. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–2125; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2005–20733; Directorate Identifier 2005–NM–004–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments submitted by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// 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 proposed AD. Using the search function of our docket website, 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 can review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you can visit https:// dms.dot.gov. Examining the Docket You can examine the AD docket on the Internet at https://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 of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the DMS receives them. E:\FR\FM\31MRP1.SGM 31MRP1

Agencies

[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Proposed Rules]
[Pages 16445-16447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6347]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20731; Directorate Identifier 2004-NM-260-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 737-200, -300, and -400 series airplanes. This 
proposed AD would require replacing the existing fueling float switch 
in the auxiliary fuel tank with a new, improved fueling float switch, 
installing a new liner system inside the float switch conduit, and 
performing related investigative and other specified actions. This 
proposed AD is prompted by reports of chafing of the direct-current-
powered float switch wiring insulation in the center fuel tank. We are 
proposing this AD to prevent contamination of the fueling float switch 
of the auxiliary fuel tank by moisture or fuel, and chafing of the 
float switch wiring against the float switch conduit in the fuel tank, 
which could present an ignition source inside the fuel tank that could 
cause a fire or explosion.

DATES: We must receive comments on this proposed AD by May 16, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
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.
     By 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.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    You can examine the contents of this AD docket on the Internet at 
https://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20731; the directorate identifier for this docket is 
2004-NM-260-AD.

FOR FURTHER INFORMATION CONTACT: Sherry Vevea, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6514; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20731; 
Directorate Identifier 2004-NM-260-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to https://

[[Page 16446]]

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 proposed AD. Using the search function of 
that website, 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 can review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit https://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at https://
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 of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    We previously issued AD 2004-15-04, amendment 39-13738 (69 FR 
44580, July 27, 2004), for certain Boeing Model 737-200, -200C, -300, -
400, and -500 series airplanes. That AD requires, among other actions, 
replacing the fueling float switches in the center and wing fuel tanks 
with new, improved parts; installing a conduit liner system in the 
center fuel tank; and replacing conduit assemblies in the wing fuel 
tanks with new parts. That AD was prompted by several reports of 
chafing of the direct-current-powered float switch wiring insulation in 
the center fuel tank.
    We state in AD 2004-15-04 that we may consider additional 
rulemaking to require actions similar to those required by AD 2004-15-
04 be accomplished on the auxiliary fuel tanks on Model 737 series 
airplanes. We have now determined that additional rulemaking is 
necessary, and this proposed AD follows from that determination.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 737-28A1192, Revision 1, 
dated August 21, 2003. The service bulletin describes procedures for 
replacing the existing fueling float switch in the auxiliary fuel tank 
with a new, improved fueling float switch, installing a new liner 
system inside the float switch conduit, and performing related 
investigative and other specified actions. The other specified actions 
include making wiring changes associated with installing the new, 
improved float switch. The related investigative actions consist of 
measuring resistance between the terminal of the bonding jumper and the 
float switch lug, the terminal of the bonding jumper and the conduit, 
and the fuel pump assembly and the conduit; testing the conduit for 
leakage; and testing to make sure that the float switch operates 
properly and that there is no fuel leakage. Accomplishing the actions 
specified in the service information is intended to adequately address 
the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. Therefore, we are proposing this AD, which 
would require accomplishing the actions specified in the service 
information described previously.

Costs of Compliance

    This proposed AD would affect about 103 airplanes worldwide and 44 
airplanes of U.S. registry. The proposed actions would take about 38 
work hours per airplane, at an average labor rate of $65 per work hour. 
Required parts would cost about $1,634 per airplane. Based on these 
figures, the estimated cost of the proposed AD for U.S. operators is 
$180,576, or $4,104 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 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 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 proposed AD. 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 FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Boeing: Docket No. FAA-2005-20731; Directorate Identifier 2004-NM-
260-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by May 16, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-200, -300, and -400 
series airplanes, certificated in any category, equipped with 
auxiliary fuel tanks.

Unsafe Condition

    (d) This AD was prompted by reports of chafing of the direct-
current-powered float switch wiring insulation in the center fuel

[[Page 16447]]

tank. We are issuing this AD to prevent contamination of the fueling 
float switch of the auxiliary fuel tank by moisture or fuel, and 
chafing of the float switch wiring against the float switch conduit 
in the fuel tank, which could present an ignition source inside the 
fuel tank that could cause a fire or 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.

Replacement

    (f) Within 24 months after the effective date of this AD: 
Replace the existing fueling float switch in the auxiliary fuel tank 
with a new, improved fueling float switch, install a new liner 
system inside the float switch conduit, and perform related 
investigative and other specified actions, by doing all of the 
actions in accordance with the Accomplishment Instructions of Boeing 
Service Bulletin 737-28A1192, Revision 1, dated August 21, 2003.

Parts Installation

    (g) As of the effective date of this AD, no person may install a 
fueling float switch having part number 8300-146 on the auxiliary 
fuel tank of any airplane.

Actions Accomplished Previously

    (h) Replacements and conduit liner system installations 
accomplished before the effective date of this AD in accordance with 
Boeing Alert Service Bulletin 737-28A1192, dated March 27, 2003, are 
acceptable for compliance with the requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (i) 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.

    Issued in Renton, Washington, on March 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6347 Filed 3-30-05; 8:45 am]
BILLING CODE 4910-13-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.