Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes, 61226-61229 [05-20966]
Download as PDF
<![CDATA[
61226
Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Rules and Regulations
Authority: 7 U.S.C. 601–674.
DEPARTMENT OF AGRICULTURE
I 2. In part 983, Subpart—Rules and
Regulations is amended by adding new
§ 983.138 to read as follows:
Animal and Plant Health Inspection
Service
§ 983.138
9 CFR Part 77
Samples for testing.
Prior to testing, a sample shall be
drawn from each lot and divided into
two subsamples to be used to test
pistachios for aflatoxin and for
minimum quality. The lot subsamples
shall be of sufficient weight to comply
with Tables 1 and 2 of § 983.38 and
Table 4 of § 983.39: Provided, That lots
of pistachios which are intended for
dyeing or color-coating shall be sampled
for minimum quality after the dyeing or
color-coating process.
I 3. In part 983, Subpart—Rules and
Regulations is amended by adding
§ 983.143 to read as follows:
§ 983.143
Reinspection.
(a) Any lot of inshell pistachios that
is pin-picked, hand-sorted, color-sorted,
and/or resized is considered to be
‘‘materially changed.’’ Pistachios which
are roasted, salted, flavored, air-legged,
dyed, color-coated, cleaned, and
otherwise subjected to similar processes
are not considered to be materially
changed.
(b) Each handler who handles
pistachios shall cause any lot or portion
of a lot initially certified for aflatoxin,
quality, and size requirements, and
subsequently materially changed, to be
reinspected for aflatoxin, quality, and
size, and certified as new lots: Provided,
That:
(1) Pursuant to § 983.41(b) handlers
exempted from minimum quality testing
shall pull or have pulled representative
lot samples for aflatoxin testing of any
materially changed lots intended to be
shipped into the domestic channels of
commerce. Such representative lot
samples shall be divided into two parts,
one part shall be retested for aflatoxin
and the other part shall be maintained
for 90 days at the handler’s facilities.
Handlers shall make the samples
maintained for 90 days available for
auditing by the Administrative
Committee for Pistachios; and
(2) Handlers exempted from order
requirements under § 983.70 are
exempted from all reinspection
requirements.
Dated: October 18, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 05–21167 Filed 10–20–05; 8:45 am]
BILLING CODE 3410–02–P
VerDate Aug<31>2005
14:34 Oct 20, 2005
Jkt 208001
[Docket No. 04–068–3]
Tuberculosis in Cattle and Bison; State
and Zone Designations; New Mexico
Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
SUMMARY: We are adopting as a final
rule, without change, an interim rule
that amended the bovine tuberculosis
regulations regarding State and zone
classifications by removing New Mexico
from the list of modified accredited
advanced States, adding portions of two
counties in New Mexico to the list of
modified accredited advanced zones,
and adding the remainder of the State to
the list of accredited-free zones. We took
this action based on our determination
that New Mexico met the requirements
of the regulations for zone recognition
and that one of the zones met the
criteria for designation as accreditedfree.
The interim rule
became effective on July 22, 2005.
EFFECTIVE DATE:
Dr.
M.J. Gilsdorf, Director, Ruminant Health
Programs, National Center for Animal
Health Programs, VS, APHIS, 4700 River
Road Unit 43, Riverdale, MD 20737–
1231; (301) 734–6954.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
In an interim rule effective and
published in the Federal Register on
July 22, 2005 (70 FR 42259–42261,
Docket No. 04–068–1), we amended the
tuberculosis regulations in 9 CFR part
77 by removing New Mexico from the
list of modified accredited advanced
States in § 77.9(a), adding portions of
two counties in New Mexico to the list
of modified accredited advanced zones
in § 77.9(b), and adding the remainder
of the State to the list of accredited-free
zones in § 77.7(b).
On August 12, 2005, we published a
document in the Federal Register (70
FR 47078, Docket No. 04–068–2),
correcting an error in the abovementioned rule. When we set out the
revised § 77.9(a) in the July 2005 interim
rule, we inadvertently included
California on the list of modified
accredited advanced States. California
was added to the list of accredited free
States in § 77.7(a) in an interim rule
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
published in the Federal Register on
April 15, 2005 (70 FR 19877–19878,
Docket No. 05–010–1). Our August 2005
document corrected that error by
removing California from the list of
modified accredited advanced States in
§ 77.9(a).
Comments on the interim rule were
required to be received on or before
September 20, 2005. We received one
comment by that date. The comment
was from a State agricultural agency.
The commenter supported the interim
rule. Therefore, for the reasons given in
the interim rule, we are adopting the
interim rule as a final rule.
This action also affirms the
information contained in the interim
rule concerning Executive Order 12866
and the Regulatory Flexibility Act,
Executive Orders 12372 and 12988, and
the Paperwork Reduction Act.
Further, for this action, the Office of
Management and Budget has waived its
review under Executive Order 12866.
List of Subjects in 9 CFR Part 77
Animal diseases, Bison, Cattle,
Reporting and recordkeeping
requirements, Transportation,
Tuberculosis.
PART 77—TUBERCULOSIS
Accordingly, we are adopting as a
final rule, without change, the interim
rule that amended 9 CFR part 77 and
that was published at 70 FR 42259–
42261 on July 22, 2005, as corrected by
the correcting amendment published at
70 FR 47078 on August 12, 2005.
I
Done in Washington, DC, this 17th day of
October 2005.
W. Ron DeHaven,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 05–21082 Filed 10–20–05; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–21086; Directorate
Identifier 2004–NM–217–AD; Amendment
39–14344; AD 2005–21–06]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–600, –700, –700C, –800, and
–900 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
E:\FR\FM\21OCR1.SGM
21OCR1
Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Rules and Regulations
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
Boeing Model 737–600, –700, –700C,
–800, and –900 series airplanes. This
AD requires repetitive inspections of the
aft pressure bulkhead web for fatigue
cracks, crack indications, discrepant
holes, and corrosion; and repair if
necessary. This AD results from reports
of fatigue cracks in the aft pressure
bulkhead web. We are issuing this AD
to detect and correct such fatigue cracks,
which could result in a rapid
decompression of the airplane.
DATES: This AD becomes effective
November 25, 2005.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of November 25, 2005.
ADDRESSES: You may examine the 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., 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:
Howard Hall, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6430; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (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 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 all Boeing Model 737–600,
–700, –700C, –800, and –900 series
airplanes. That NPRM was published in
the Federal Register on May 2, 2005 (70
FR 22620). That NPRM proposed to
require repetitive inspections of the aft
pressure bulkhead web for fatigue
cracks, crack indications, discrepant
holes, and corrosion; and repair if
necessary.
VerDate Aug<31>2005
14:34 Oct 20, 2005
Jkt 208001
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Supportive Comments
Two commenters, including the
manufacturer, support the proposed AD.
Request To Add Provision for Special
Flight Permits
One commenter requests that the
proposed AD be revised to include a
phrase used in earlier ADs to permit the
use of special flight permits. The
commenter explains that, due to the
number of work hours needed to gain
access to the forward side of the aft
pressure bulkhead, it needs to use the
provisions for special flight permits. We
infer that the commenter believes that
because the proposed AD does not
contain information on ferry flights,
ferry flights are not allowed.
We do not agree with the commenter’s
request to add the special flight permit
language, nor do we agree with the
commenter’s inference that special
flight permits are not allowed by this
AD. Special flight permits are allowed
unless limitations or prohibitions are
specifically identified in the AD. For
this AD there are no limitations or
prohibitions. On July 10, 2002, we
issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which
governs the FAA’s airworthiness
directives system. The regulation now
includes material that relates to altered
products, special flight permits (i.e.,
ferry flights), and alternative methods of
compliance (AMOCs). Since we have
now included this information in 14
CFR part 39, information on special
flight permits is not included in each
individual AD unless there are
limitations on special flight permits for
an individual AD. We have not changed
the AD in this regard.
Request To Add Language That Advises
Operators How To Address Pre-existing
Repairs
Another commenter requests that the
proposed AD be revised to include
language advising operators how to treat
pre-existing repairs in the inspection
area of the aft pressure bulkhead. The
commenter justifies the request by
noting that the ‘‘* * * bulkhead is the
subject of numerous other service
bulletins and other ADs, any or all of
which may have resulted in the
installation of repairs in the inspection
area,’’ and that the absence of such
advisory language would require
AMOCs for each instance of pre-existing
repairs. We infer that the commenter
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
61227
believes that the AD requires AMOCs
for each pre-existing repair that prevents
someone from complying with the
requirements of the AD, and is
requesting that the AD include specific
language to provide relief for treating
these pre-existing repairs.
We understand the commenter’s
concern about obtaining AMOCs for preexisting repairs, especially since there
are three ADs that cover the inspection
area. We concur with the commenter in
this regard. As noted in the reply to the
previous comment on special flight
permits, we issued a new version of 14
CFR part 39 on July 10, 2002. In section
39.17, it states, ‘‘If a change in a product
affects your ability to accomplish the
actions required by the airworthiness
directive in any way, you must request
FAA approval of an alternative method
of compliance.’’ This statement means
that pre-existing repairs do not require
AMOC approval unless they affect the
operator’s ability to accomplish the
actions of the AD. Since we cannot
anticipate the wide variety of possible
repair configurations, this is best
handled by requesting an AMOC for
each repair. We have not changed the
AD in this regard.
Request To Query Boeing for
Availability of Parts
One commenter notes that certain
repairs would require replacement of
sections of curved structural members
that are difficult for operators to
fabricate on short notice. The
commenter suggests that Boeing should
be queried for availability of
replacement materials in the event that
an inspection finds the need for
corrective action.
We agree that certain parts may be
difficult for operators to fabricate on
short notice (i.e., before further flight).
We contacted Boeing about parts
availability in regard to this AD, and
have confirmed that a sufficient
quantity of parts is available. We
encourage operators to contact Boeing
for specific information on parts
availability. We have not changed the
AD in this regard.
Request to Operator for Additional
Repair Guidance
One commenter requests that Boeing
provide additional repair guidance other
than ‘‘contact Boeing.’’ The commenter
notes that the manufacturer has
previous experience in addressing
similar repairs in the area to be
inspected in accordance with this AD.
The commenter acknowledges that
every repair is different, but believes
that a repair drawing or structuralrepair-manual-type of repair should be
E:\FR\FM\21OCR1.SGM
21OCR1
61228
Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Rules and Regulations
made available. The commenter also
states that it is impractical to contact
Boeing in an airline’s operational
environment.
We acknowledge the commenter’s
request. We understand that general
repair information applicable to this AD
would help operators plan for any
potential corrective action. We have
coordinated this issue with Boeing.
However, in this particular area, it is
difficult to develop specific guidelines
for the various conditions that an
operator may encounter. Although no
general repair information exists now (at
time of publication), we remind
operators that we may approve (if
submitted and approved) repair
drawings as allowed for in paragraph (i)
of this AD, which describes ways to get
approval of an alternative method of
compliance (AMOC). We remind
operators that they may apply for an
AMOC in accordance with the
provisions in paragraphs (i) and (g) of
this AD. We have not changed the AD
in this regard.
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 as proposed.
Explanation of Change Made to This
AD
We have simplified paragraph (g) of
this AD by referring to the ‘‘Alternative
Methods of Compliance (AMOCs)’’
paragraph of this AD for repair methods.
Clarification of Alternative Method of
Compliance (AMOC) Paragraph
We have revised 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.
Costs of Compliance
There are about 978 airplanes of the
affected design in the worldwide fleet.
The following table provides the
estimated costs for U.S. operators to
comply with this AD:
ESTIMATED COSTS
Action
Work
hours
LFEC and detailed inspection,
per inspection cycle.
HFEC and detailed inspection
(in lieu of LFEC and detailed inspection), per inspection cycle.
Average
labor rate
per hour
Number of
U.S.-registered
airplanes
Fleet cost
$65
None
$520 per inspection cycle ..
630
$327,600 per inspection cycle.
2
65
None
$130 per inspection cycle ..
630
$81,900 per inspection cycle.
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 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
14:34 Oct 20, 2005
Cost per airplane
8
Authority for This Rulemaking
VerDate Aug<31>2005
Parts
Jkt 208001
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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2005–21–06 Boeing: Amendment 39–14344.
Docket No. FAA–2005–21086;
Directorate Identifier 2004–NM–217–AD.
Effective Date
(a) This AD becomes effective November
25, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Boeing Model
737–600, –700, –700C, –800, and –900 series
airplanes, certificated in any category.
Unsafe Condition
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
(d) This AD was prompted by reports of
fatigue cracks in the aft pressure bulkhead
web. We are issuing this AD to detect and
correct such fatigue cracks, which could
result in rapid decompression of the airplane.
E:\FR\FM\21OCR1.SGM
21OCR1
Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Rules and Regulations
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.
Inspections
(f) At the applicable ‘‘Inspection
Threshold’’ in the table in Part 1.E.
‘‘Compliance’’ of Boeing Alert Service
Bulletin 737–53A1248, dated September 9,
2004, or within 18 months after the effective
date of this AD, whichever occurs later, and
thereafter at intervals not to exceed the
applicable ‘‘Inspection Repeat Interval’’ in
that table: Do the inspections (i.e., detailed
inspection and either high- or low-frequency
eddy current inspections) of the aft pressure
bulkhead web for fatigue cracks, crack
indications, discrepant holes, and corrosion,
in accordance with the Accomplishment
Instructions of the service bulletin.
Corrective Action Difference
(g) If any fatigue crack, crack indication,
discrepant hole, or corrosion is found during
any inspection required by this AD, before
further flight, repair the fatigue crack, crack
indication, discrepant hole, and corrosion
according to a method approved by the
Manager, Seattle Aircraft Certification Office
(ACO), FAA; or using a method approved in
accordance with the procedures specified in
paragraph (i) of this AD.
No Reporting
(h) Although the service bulletin references
a reporting requirement in the
Accomplishment Instructions, that reporting
is not required by this AD.
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, Seattle ACO, FAA, has
the authority to approve AMOCs for this AD,
if requested in accordance with the
procedures found in 14 CFR 39.19.
(2) An AMOC that provides an acceptable
level of safety may be used for corrective
actions, if it is approved by an Authorized
Representative for the Boeing Commercial
Airplanes Delegation Option Authorization
Organization who has been authorized by the
Manager, Seattle ACO, to make those
findings. For a repair method to be approved,
the repair must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(3) Before using any AMOC approved in
accordance with § 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
(j) You must use Boeing Alert Service
Bulletin 737–53A1248, dated September 9,
2004, 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,
VerDate Aug<31>2005
14:34 Oct 20, 2005
Jkt 208001
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 https://dms.dot.gov; 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 https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on October
13, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–20966 Filed 10–20–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000–NE–48–AD; Amendment
39–14343; AD 2005–21–05]
RIN 2120–AA64
Airworthiness Directives; Rolls-Royce
Deutschland Ltd & Co KG (Formerly
Rolls-Royce Deutschland GmbH,
formerly BMW Rolls-Royce GmbH)
Models BR700–710A1–10 and BR700–
710A2–20 Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
Frm 00019
Fmt 4700
Sfmt 4700
discs and fan blades, and introduces
improved design fan discs and fan
blades.
This AD becomes effective
November 25, 2005. The Director of the
Federal Register approved the
incorporation by reference of certain
publications listed in the regulations as
of November 25, 2005. The Director of
the Federal Register previously
approved the incorporation by reference
of certain other publications as listed in
the regulations as of April 28, 2003 (68
FR 17727, April 11, 2003).
DATES:
Contact Rolls-Royce
Deutschland Ltd & Co KG, Eschenweg
11, 15827 Blankenfelde-Mahlow,
Germany, telephone: 011 49 (0) 33–
7086–1768, fax: 011 49 (0) 33–7086–
3356, for the service information
identified in this AD.
You may examine the AD docket at
the FAA, New England Region, Office of
the Regional Counsel, 12 New England
Executive Park, Burlington, MA. You
may examine the service information, at
the FAA, New England Region, Office of
the Regional Counsel, 12 New England
Executive Park, Burlington, MA.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Jason Yang, Aerospace Engineer, Engine
Certification Office, FAA, Engine and
Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803–
5299; telephone: (781) 238–7747, fax:
(781) 238–7199.
The FAA
proposed to amend 14 CFR part 39 with
a proposed AD. The proposed AD
applies to Rolls-Royce Deutschland Ltd
& Co KG (RRD) (formerly Rolls-Royce
Deutschland GmbH, formerly BMW
Rolls-Royce GmbH) models BR700–
710A1–10 and BR700–710A2–20
turbofan engines. We published the
proposed AD in the Federal Register on
July 5, 2005 (70 FR 38627). That action
proposed to require initial and
repetitive inspections for cracks in fan
discs P/Ns BRR18803, BRR19248,
BRR20791, BRR24829, and FW33929.
That action also proposed as optional
terminating action to the repetitive
inspection requirements, installation of
a new fan disc P/N FW33927, new fan
blades P/N FW33513 or P/N FW33980,
and N1 Keep Out Zone software.
SUPPLEMENTARY INFORMATION:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD) for
Rolls-Royce Deutschland Ltd & Co KG
(RRD) (formerly Rolls-Royce
Deutschland GmbH, formerly BMW
Rolls-Royce GmbH) models BR700–
710A1–10 and BR700–710A2–20
turbofan engines. That AD currently
requires initial and repetitive visual and
ultrasonic inspections of fan discs, part
numbers (P/Ns) BRR18803, BRR19248,
and BRR20791 for cracks, and if
necessary, replacement with serviceable
parts. This ad requires those same
inspections for discs having old design
P/N fan blades installed, and, extends
the inspection interval for fan discs
having new design P/N fan blades
installed. Also, this AD adds as optional
terminating action to the inspections,
installation of certain P/N new fan
discs, certain P/N new fan blades, and
engine fan speed (N1) Keep Out Zone
software. This AD results from a revised
RRD service bulletin (SB) that
introduces relaxed inspection intervals
for certain P/N combinations of fan
PO 00000
61229
Examining the AD Docket
You may examine the AD Docket
(including any comments and service
information), by appointment, between
8 a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays. See
ADDRESSES for the location.
E:\FR\FM\21OCR1.SGM
21OCR1
]]>Agencies
[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Rules and Regulations]
[Pages 61226-61229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20966]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21086; Directorate Identifier 2004-NM-217-AD;
Amendment 39-14344; AD 2005-21-06]
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.
-----------------------------------------------------------------------
[[Page 61227]]
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes.
This AD requires repetitive inspections of the aft pressure bulkhead
web for fatigue cracks, crack indications, discrepant holes, and
corrosion; and repair if necessary. This AD results from reports of
fatigue cracks in the aft pressure bulkhead web. We are issuing this AD
to detect and correct such fatigue cracks, which could result in a
rapid decompression of the airplane.
DATES: This AD becomes effective November 25, 2005.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 25,
2005.
ADDRESSES: You may examine the 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., 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: Howard Hall, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6430; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (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 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 all Boeing Model 737-
600, -700, -700C, -800, and -900 series airplanes. That NPRM was
published in the Federal Register on May 2, 2005 (70 FR 22620). That
NPRM proposed to require repetitive inspections of the aft pressure
bulkhead web for fatigue cracks, crack indications, discrepant holes,
and corrosion; and repair if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Supportive Comments
Two commenters, including the manufacturer, support the proposed
AD.
Request To Add Provision for Special Flight Permits
One commenter requests that the proposed AD be revised to include a
phrase used in earlier ADs to permit the use of special flight permits.
The commenter explains that, due to the number of work hours needed to
gain access to the forward side of the aft pressure bulkhead, it needs
to use the provisions for special flight permits. We infer that the
commenter believes that because the proposed AD does not contain
information on ferry flights, ferry flights are not allowed.
We do not agree with the commenter's request to add the special
flight permit language, nor do we agree with the commenter's inference
that special flight permits are not allowed by this AD. Special flight
permits are allowed unless limitations or prohibitions are specifically
identified in the AD. For this AD there are no limitations or
prohibitions. On July 10, 2002, we issued a new version of 14 CFR part
39 (67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits (i.e., ferry flights), and
alternative methods of compliance (AMOCs). Since we have now included
this information in 14 CFR part 39, information on special flight
permits is not included in each individual AD unless there are
limitations on special flight permits for an individual AD. We have not
changed the AD in this regard.
Request To Add Language That Advises Operators How To Address Pre-
existing Repairs
Another commenter requests that the proposed AD be revised to
include language advising operators how to treat pre-existing repairs
in the inspection area of the aft pressure bulkhead. The commenter
justifies the request by noting that the ``* * * bulkhead is the
subject of numerous other service bulletins and other ADs, any or all
of which may have resulted in the installation of repairs in the
inspection area,'' and that the absence of such advisory language would
require AMOCs for each instance of pre-existing repairs. We infer that
the commenter believes that the AD requires AMOCs for each pre-existing
repair that prevents someone from complying with the requirements of
the AD, and is requesting that the AD include specific language to
provide relief for treating these pre-existing repairs.
We understand the commenter's concern about obtaining AMOCs for
pre-existing repairs, especially since there are three ADs that cover
the inspection area. We concur with the commenter in this regard. As
noted in the reply to the previous comment on special flight permits,
we issued a new version of 14 CFR part 39 on July 10, 2002. In section
39.17, it states, ``If a change in a product affects your ability to
accomplish the actions required by the airworthiness directive in any
way, you must request FAA approval of an alternative method of
compliance.'' This statement means that pre-existing repairs do not
require AMOC approval unless they affect the operator's ability to
accomplish the actions of the AD. Since we cannot anticipate the wide
variety of possible repair configurations, this is best handled by
requesting an AMOC for each repair. We have not changed the AD in this
regard.
Request To Query Boeing for Availability of Parts
One commenter notes that certain repairs would require replacement
of sections of curved structural members that are difficult for
operators to fabricate on short notice. The commenter suggests that
Boeing should be queried for availability of replacement materials in
the event that an inspection finds the need for corrective action.
We agree that certain parts may be difficult for operators to
fabricate on short notice (i.e., before further flight). We contacted
Boeing about parts availability in regard to this AD, and have
confirmed that a sufficient quantity of parts is available. We
encourage operators to contact Boeing for specific information on parts
availability. We have not changed the AD in this regard.
Request to Operator for Additional Repair Guidance
One commenter requests that Boeing provide additional repair
guidance other than ``contact Boeing.'' The commenter notes that the
manufacturer has previous experience in addressing similar repairs in
the area to be inspected in accordance with this AD. The commenter
acknowledges that every repair is different, but believes that a repair
drawing or structural-repair-manual-type of repair should be
[[Page 61228]]
made available. The commenter also states that it is impractical to
contact Boeing in an airline's operational environment.
We acknowledge the commenter's request. We understand that general
repair information applicable to this AD would help operators plan for
any potential corrective action. We have coordinated this issue with
Boeing. However, in this particular area, it is difficult to develop
specific guidelines for the various conditions that an operator may
encounter. Although no general repair information exists now (at time
of publication), we remind operators that we may approve (if submitted
and approved) repair drawings as allowed for in paragraph (i) of this
AD, which describes ways to get approval of an alternative method of
compliance (AMOC). We remind operators that they may apply for an AMOC
in accordance with the provisions in paragraphs (i) and (g) of this AD.
We have not changed the AD in this regard.
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 as proposed.
Explanation of Change Made to This AD
We have simplified paragraph (g) of this AD by referring to the
``Alternative Methods of Compliance (AMOCs)'' paragraph of this AD for
repair methods.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised 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.
Costs of Compliance
There are about 978 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD:
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Work Average U.S.-
Action hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
LFEC and detailed inspection, 8 $65 None..... $520 per inspection cycle........ 630 $327,600 per inspection cycle.
per inspection cycle.
HFEC and detailed inspection 2 65 None..... $130 per inspection cycle........ 630 $81,900 per inspection cycle.
(in lieu of LFEC and
detailed inspection), per
inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 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):
2005-21-06 Boeing: Amendment 39-14344. Docket No. FAA-2005-21086;
Directorate Identifier 2004-NM-217-AD.
Effective Date
(a) This AD becomes effective November 25, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Boeing Model 737-600, -700, -700C, -
800, and -900 series airplanes, certificated in any category.
Unsafe Condition
(d) This AD was prompted by reports of fatigue cracks in the aft
pressure bulkhead web. We are issuing this AD to detect and correct
such fatigue cracks, which could result in rapid decompression of
the airplane.
[[Page 61229]]
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.
Inspections
(f) At the applicable ``Inspection Threshold'' in the table in
Part 1.E. ``Compliance'' of Boeing Alert Service Bulletin 737-
53A1248, dated September 9, 2004, or within 18 months after the
effective date of this AD, whichever occurs later, and thereafter at
intervals not to exceed the applicable ``Inspection Repeat
Interval'' in that table: Do the inspections (i.e., detailed
inspection and either high- or low-frequency eddy current
inspections) of the aft pressure bulkhead web for fatigue cracks,
crack indications, discrepant holes, and corrosion, in accordance
with the Accomplishment Instructions of the service bulletin.
Corrective Action Difference
(g) If any fatigue crack, crack indication, discrepant hole, or
corrosion is found during any inspection required by this AD, before
further flight, repair the fatigue crack, crack indication,
discrepant hole, and corrosion according to a method approved by the
Manager, Seattle Aircraft Certification Office (ACO), FAA; or using
a method approved in accordance with the procedures specified in
paragraph (i) of this AD.
No Reporting
(h) Although the service bulletin references a reporting
requirement in the Accomplishment Instructions, that reporting is
not required by this AD.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, Seattle ACO, FAA, has the authority to
approve AMOCs for this AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
(2) An AMOC that provides an acceptable level of safety may be
used for corrective actions, if it is approved by an Authorized
Representative for the Boeing Commercial Airplanes Delegation Option
Authorization Organization who has been authorized by the Manager,
Seattle ACO, to make those findings. For a repair method to be
approved, the repair must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
(3) 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.
Material Incorporated by Reference
(j) You must use Boeing Alert Service Bulletin 737-53A1248,
dated September 9, 2004, 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 https://dms.dot.gov; 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 https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on October 13, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-20966 Filed 10-20-05; 8:45 am]
BILLING CODE 4910-13-P
