Airworthiness Directives; Boeing Model 737-600, -700, -700C, and -800 Series Airplanes, 72595-72597 [05-23601]
Download as PDF
Federal Register / Vol. 70, No. 233 / Tuesday, December 6, 2005 / Rules and Regulations
8. Amend § 123.300 by revising
paragraph (b) to read as follow:
I
§ 123.300 Is my business eligible to apply
for an economic injury disaster loan?
*
*
*
*
*
(b) Economic injury disaster loans are
available only if you were a small
business (as defined in part 121 of this
chapter) when the declared disaster
commenced (except disaster
declarations for Hurricanes Katrina,
Rita, and Wilma, for which size status
is determined as of the date SBA accepts
the application for processing, and for
applications submitted before December
6, 2005, whether denied because of size
status or pending, such applications
shall be deemed resubmitted on
December 6, 2005), you and your
affiliates and principal owners (20% or
more ownership interest) have used all
reasonably available funds, and you are
unable to obtain credit elsewhere (see
§ 123.104).
*
*
*
*
*
Dated: November 4, 2005.
Hector V. Barreto,
Administrator.
[FR Doc. 05–23435 Filed 12–5–05; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–23176; Directorate
Identifier 2005–NM–220–AD; Amendment
39–14396; AD 2005–25–03]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–600, –700, –700C, and –800
Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
Discussion
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Boeing Model 737–600, –700, –700C,
and –800 series airplanes. This AD
requires replacing the point ‘‘D’’ splice
fitting between windows number 1 and
2 with a new splice fitting, performing
an eddy current inspection for cracking
of the holes in the structure common to
the new splice fitting, including doing
any related investigative actions; and
corrective actions if necessary. This AD
results from full-scale fuselage fatigue
testing on the splice fitting that failed
prior to the design objective on Boeing
VerDate Aug<31>2005
14:08 Dec 05, 2005
Jkt 208001
Model 737–800 series airplanes, and a
report of a cracked splice fitting on an
operational airplane. We are issuing this
AD to prevent cracking of the existing
fitting that may result in cracking
through the skin and consequent
decompression of the flight cabin.
DATES: This AD becomes effective
December 21, 2005.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of December 21, 2005.
We must receive comments on this
AD by February 6, 2006.
ADDRESSES: Use one of the following
addresses to submit comments on this
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.
• 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.
Contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Sue
Lucier, Aerospace Engineer, Airframe
Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington
98055–4056; telephone (425) 917–6438;
fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
We have received a report indicating
that during the Model 737–800 series
airplanes full-scale fuselage fatigue test,
the splice fitting failed prior to the
design service objective. Additionally,
we have received a report indicating
that a cracked splice fitting was found
on an airplane with less than 13,500
total flight cycles. This condition, if not
corrected, could result in cracking of the
existing fitting that may cause cracking
through the skin and consequent
decompression of the flight cabin.
Relevant Service Information
We have reviewed Boeing Alert
Service Bulletin (ASB) 737–53A1222,
Revision 2, dated October 20, 2005. The
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
72595
ASB describes procedures for replacing
the splice fitting between windows
number 1 and 2, at point ‘‘D’’ on the
windowsill with a new splice fitting,
and performing related investigative
actions. Those investigative actions
include performing an open hole eddy
current inspection for cracking of the
fastener holes, and a special detailed
inspection for cracking of 12 fasteners in
the adjacent structure. The ASB also
describes procedures for repetitive
external detailed inspections of the skin
near the six skin fasteners below the
splice fitting. The ASB specifies that if
cracking is detected, to contact Boeing
for further instructions. Accomplishing
the actions specified in the service
information is intended to adequately
address the unsafe condition.
FAA’s Determination and Requirements
of This AD
The unsafe condition described
previously is likely to exist or develop
on other airplanes of the same type
design. For this reason, we are issuing
this AD to prevent cracking of the
existing fitting that may result in
cracking through the skin and
consequent decompression of the flight
cabin. This AD requires accomplishing
the actions specified in the service
information described previously,
except as discussed under ‘‘Differences
Between the AD and the ASB.’’
Differences Between the AD and the
ASB
Where the ASB specifies contacting
Boeing if any cracking is detected, this
AD requires that, repair of any cracking
be accomplished before further flight, in
accordance with a method approved by
the Manager, Seattle Aircraft
Certification Office (ACO).
Although the ASB specifies
performing repetitive external detailed
inspections of the skin near the six skin
fasteners below the splice fitting, this
AD does not require those inspections.
These differences have been
coordinated with the manufacturer.
Interim Action
We consider this AD to be an interim
action. We are currently considering
requiring repetitive external detailed
inspections for cracking of the skin near
the six skin fasteners below the splice
fitting. However the planned
compliance time for accomplishing
those inspections would necessitate
allowing enough time to provide notice
and opportunity for prior public
comment on the merits of requiring
those inspections.
E:\FR\FM\06DER1.SGM
06DER1
72596
Federal Register / Vol. 70, No. 233 / Tuesday, December 6, 2005 / Rules and Regulations
Similar Models
The splice fitting between windows
number 1 and 2, at point ‘‘D’’ on the
windowsill, on certain Boeing Model
737–600, –700, –700C series airplanes is
identical to the splice fitting on the
affected Model 737–800 series airplanes.
Therefore, all of these models may be
subject to the same unsafe condition.
FAA’s Determination of the Effective
Date
Since an unsafe condition exists that
requires the immediate adoption of this
AD, we have found that notice and
opportunity for public comment before
issuing this AD are impracticable, and
that good cause exists to make this AD
effective in less than 30 days.
Comments Invited
This AD is a final rule that involves
requirements that affect flight safety and
was not preceded by notice and an
opportunity for public comment;
however, we invite you to submit any
relevant written data, views, or
arguments regarding this AD. Send your
comments to an address listed in the
ADDRESSES section. Include ‘‘Docket No.
FAA–2005–23176; Directorate Identifier
2005–NM–220–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the AD that might suggest a
need to modify it.
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 AD. Using the
search function of that Web site, 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 may review the DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78), or you may visit
https://dms.dot.gov.
Examining the Dockets
You may 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
VerDate Aug<31>2005
14:08 Dec 05, 2005
Jkt 208001
the AD docket shortly after the Docket
Management System receives them.
PART 39—AIRWORTHINESS
DIRECTIVES
Authority for This Rulemaking
I
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 the 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 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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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 Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2005–25–03 Boeing: Amendment 39–14396.
Docket No. FAA–2005–23176;
Directorate Identifier 2005–NM–220–AD.
Effective Date
(a) This AD becomes effective December
21, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 737–
600, –700, –700C, and –800 series airplanes,
certificated in any category; as identified in
Boeing Alert Service Bulletin (ASB) 737–
53A1222, Revision 2, dated October 20, 2005.
Unsafe Condition
(d) This AD results from full-scale fuselage
fatigue testing on the splice fitting that failed
prior to the design objective on Boeing Model
737–800 series airplanes, and a report of a
cracked splice fitting on an operational
airplane. We are issuing this AD to prevent
cracking of the existing fitting that may result
in cracking through the skin and consequent
decompression of the flight cabin.
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.
Replacing the Splice Fittings
(f) Replace the splice fittings with new
splice fittings in accordance with the
Accomplishment Instructions of Boeing ASB
737–53A1222, Revision 2, dated October 20,
2005, at the times specified in paragraph
(f)(1) or (f)(2) of this AD, as applicable. Before
further flight, do any related investigative
actions by accomplishing all the applicable
actions specified in the Accomplishment
Instructions.
(1) For airplanes that have accumulated
less than 13,500 total flight cycles as of the
effective date of this AD: Replace prior to the
accumulation of 13,500 total flight cycles, or
within 1,000 flight cycles after the effective
date of this AD, whichever occurs later.
(2) For airplanes that have accumulated
13,500 or more total flight cycles as of the
effective date of this AD: Replace at the later
of the times specified in paragraphs (f)(2)(i)
and (f)(2)(ii) of this AD.
(i) Prior the accumulation of 18,000 total
flight cycles, or within 1,000 flight cycles
after the effective date of this AD, whichever
occurs first.
(ii) Within 90 days after the effective date
of this AD.
E:\FR\FM\06DER1.SGM
06DER1
Federal Register / Vol. 70, No. 233 / Tuesday, December 6, 2005 / Rules and Regulations
Corrective Actions
(g) If any cracking is found during any
inspection required by this AD, prior to
further flight, repair in accordance with a
method approved by the Manager, Seattle
Aircraft Certification Office (ACO), FAA, or
with a method approved in accordance with
the procedures specified in paragraph (i) of
this AD.
Acceptable Method of Compliance
(h) Replacing the splice fitting before the
effective date of this AD in accordance with
Boeing Service Bulletin 737–53–1222, dated
June 6, 2002; or Boeing ASB 737–53A1222,
Revision 1, dated January 30, 2003, is
acceptable for compliance with the
requirements of paragraph (f) of 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) 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.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD, 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.
Material Incorporated by Reference
(j) You must use Boeing Alert Service
Bulletin 737–53A1222, Revision 2, dated
October 20, 2005, to perform the actions that
are required by this AD, unless the AD
specifies otherwise. The Director of the
Federal Register approved the incorporation
by reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124–2207,
for a copy of this service information. You
may review copies at the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street, SW., room PL–401,
Nassif Building, Washington, DC; on the
Internet at 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
November 25, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–23601 Filed 12–5–05; 8:45 am]
BILLING CODE 4910–13–P
VerDate Aug<31>2005
14:08 Dec 05, 2005
Jkt 208001
72597
ENVIRONMENTAL PROTECTION
AGENCY
constitutes good cause under 5 U.S.C.
553(b)(B).
40 CFR Part 52
I. Correction
Correction for the Federal Register
Document Published on October 25,
2005 (70 FR 61563).
On October 25, 2005 we published a
final rule approving Lamar’s PM10 SIP
submitted by the Governor of Colorado
on July 31, 2002. When we published
this rule, we responded to public
comments that were received during the
public comment period in the proposed
rule that was published on August 5,
2006 (69 FR 47366). In one of our
response to comments, we misstated our
response by stating that ‘‘the CAA does
not provide EPA with the authority to
regulate air emissions from CAFOs’’ (70
FR 61565). This is incorrect. EPA does
have the authority to regulate air
emissions from any source as defined
under the Clean Air Act (CAA).
Therefore, we are correcting our
misstatement in the preamble. The
comment received was the following:
[CO–001–0076a; FRL–8004–9]
Approval and Promulgation of Air
Quality Implementation Plans; CO;
PM10 Designation of Areas for Air
Quality Planning Purposes, Lamar;
State Implementation Plan Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
AGENCY:
SUMMARY: When EPA approved the
Colorado State Implementation Plan
(SIP) revision that requested
redesignation of the Lamar area from
nonattainment to attainment for
particulate matter with an aerodynamic
diameter less than or equal to a nominal
10 micrometers (PM10) EPA provided
response to comments and in one of the
response to comments, misstated our
response to the comment. In this action
we are making a correction to the
preamble by clarifying our response to
the comment raised to correct our
misstatement.
This correction is effective on
January 5, 2006.
FOR FURTHER INFORMATION CONTACT:
Libby Faulk, Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 999
18th Street, Suite 200, Denver, Colorado
80202–2466, phone (303) 312–6083, and
e-mail at: faulk.libby@epa.gov.
SUPPLEMENTARY INFORMATION: (i)
Throughout this document, wherever
we, us or our is used it means the
Environmental Protection Agency.
(ii) The initials SIP mean or refer to
State Implementation Plan.
(iii) The word State means the State
of Colorado, unless the context indicates
otherwise.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that when an agency for good
cause finds that notice and public
procedures are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that there is good
cause for making today’s rule final
without prior proposal and opportunity
for comment because this was a
misstatement in a response to comment
and does not affect the outcome of the
action and therefore meets the good
cause exception. Thus, notice and
public comment procedures are
unnecessary. We find that this
DATES:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
The commenter expressed concern
regarding the proposed Federal Register
notice stating that the PM10 emissions are
mainly wind blown. The commenter believes
that this statement ignores the fact that there
is a major combined animal feeding
operation (CAFO) in Lamar that is a
significant source of PM10 emissions and that
the PM10 and precursor emissions from the
source were not properly considered in
determining attainment.
EPA’s revised response is the
following:
Based on EPA’s review of the Lamar,
Colorado PM10 Maintenance Plan and
Technical Support Documentation (TSD), the
State of Colorado did include PM10 emissions
from the combined animal feeding operation
(CAFO) for the Lamar emissions inventory.
The CAFO emissions are included in the area
source emissions under wind erosion from
the feedlot. The State also included the PM10
emissions from the above emission source in
its modeling analysis and the area continues
to show attainment in future years. As for
precursor emissions, the State added a
secondary particulate concentration as part of
its modeling effort to show attainment. The
particulate concentration was comprised of
ammonium nitrates and sulfates particles and
was based on filter samples collected in
Lamar. Further detailed information
regarding the State’s submittal is located
within the docket of the final rule (70 FR
61563, October 25, 2005).
II. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
E:\FR\FM\06DER1.SGM
06DER1
Agencies
[Federal Register Volume 70, Number 233 (Tuesday, December 6, 2005)]
[Rules and Regulations]
[Pages 72595-72597]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23601]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-23176; Directorate Identifier 2005-NM-220-AD;
Amendment 39-14396; AD 2005-25-03]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-600, -700, -700C, and
-800 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 737-600, -700, -700C, and -800 series airplanes.
This AD requires replacing the point ``D'' splice fitting between
windows number 1 and 2 with a new splice fitting, performing an eddy
current inspection for cracking of the holes in the structure common to
the new splice fitting, including doing any related investigative
actions; and corrective actions if necessary. This AD results from
full-scale fuselage fatigue testing on the splice fitting that failed
prior to the design objective on Boeing Model 737-800 series airplanes,
and a report of a cracked splice fitting on an operational airplane. We
are issuing this AD to prevent cracking of the existing fitting that
may result in cracking through the skin and consequent decompression of
the flight cabin.
DATES: This AD becomes effective December 21, 2005.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 21,
2005.
We must receive comments on this AD by February 6, 2006.
ADDRESSES: Use one of the following addresses to submit comments on
this 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.
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.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6438; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
We have received a report indicating that during the Model 737-800
series airplanes full-scale fuselage fatigue test, the splice fitting
failed prior to the design service objective. Additionally, we have
received a report indicating that a cracked splice fitting was found on
an airplane with less than 13,500 total flight cycles. This condition,
if not corrected, could result in cracking of the existing fitting that
may cause cracking through the skin and consequent decompression of the
flight cabin.
Relevant Service Information
We have reviewed Boeing Alert Service Bulletin (ASB) 737-53A1222,
Revision 2, dated October 20, 2005. The ASB describes procedures for
replacing the splice fitting between windows number 1 and 2, at point
``D'' on the windowsill with a new splice fitting, and performing
related investigative actions. Those investigative actions include
performing an open hole eddy current inspection for cracking of the
fastener holes, and a special detailed inspection for cracking of 12
fasteners in the adjacent structure. The ASB also describes procedures
for repetitive external detailed inspections of the skin near the six
skin fasteners below the splice fitting. The ASB specifies that if
cracking is detected, to contact Boeing for further instructions.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.
FAA's Determination and Requirements of This AD
The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design. For this reason, we
are issuing this AD to prevent cracking of the existing fitting that
may result in cracking through the skin and consequent decompression of
the flight cabin. This AD requires accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between the AD and the ASB.''
Differences Between the AD and the ASB
Where the ASB specifies contacting Boeing if any cracking is
detected, this AD requires that, repair of any cracking be accomplished
before further flight, in accordance with a method approved by the
Manager, Seattle Aircraft Certification Office (ACO).
Although the ASB specifies performing repetitive external detailed
inspections of the skin near the six skin fasteners below the splice
fitting, this AD does not require those inspections. These differences
have been coordinated with the manufacturer.
Interim Action
We consider this AD to be an interim action. We are currently
considering requiring repetitive external detailed inspections for
cracking of the skin near the six skin fasteners below the splice
fitting. However the planned compliance time for accomplishing those
inspections would necessitate allowing enough time to provide notice
and opportunity for prior public comment on the merits of requiring
those inspections.
[[Page 72596]]
Similar Models
The splice fitting between windows number 1 and 2, at point ``D''
on the windowsill, on certain Boeing Model 737-600, -700, -700C series
airplanes is identical to the splice fitting on the affected Model 737-
800 series airplanes. Therefore, all of these models may be subject to
the same unsafe condition.
FAA's Determination of the Effective Date
Since an unsafe condition exists that requires the immediate
adoption of this AD, we have found that notice and opportunity for
public comment before issuing this AD are impracticable, and that good
cause exists to make this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any relevant written
data, views, or arguments regarding this AD. Send your comments to an
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
23176; Directorate Identifier 2005-NM-220-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD that might
suggest a need to modify it.
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 AD. Using the search function of that Web
site, 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 may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you may visit
https://dms.dot.gov.
Examining the Dockets
You may 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 Docket Management System
receives them.
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 the 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 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):
2005-25-03 Boeing: Amendment 39-14396. Docket No. FAA-2005-23176;
Directorate Identifier 2005-NM-220-AD.
Effective Date
(a) This AD becomes effective December 21, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 737-600, -700, -700C, and -
800 series airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin (ASB) 737-53A1222, Revision 2, dated
October 20, 2005.
Unsafe Condition
(d) This AD results from full-scale fuselage fatigue testing on
the splice fitting that failed prior to the design objective on
Boeing Model 737-800 series airplanes, and a report of a cracked
splice fitting on an operational airplane. We are issuing this AD to
prevent cracking of the existing fitting that may result in cracking
through the skin and consequent decompression of the flight cabin.
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.
Replacing the Splice Fittings
(f) Replace the splice fittings with new splice fittings in
accordance with the Accomplishment Instructions of Boeing ASB 737-
53A1222, Revision 2, dated October 20, 2005, at the times specified
in paragraph (f)(1) or (f)(2) of this AD, as applicable. Before
further flight, do any related investigative actions by
accomplishing all the applicable actions specified in the
Accomplishment Instructions.
(1) For airplanes that have accumulated less than 13,500 total
flight cycles as of the effective date of this AD: Replace prior to
the accumulation of 13,500 total flight cycles, or within 1,000
flight cycles after the effective date of this AD, whichever occurs
later.
(2) For airplanes that have accumulated 13,500 or more total
flight cycles as of the effective date of this AD: Replace at the
later of the times specified in paragraphs (f)(2)(i) and (f)(2)(ii)
of this AD.
(i) Prior the accumulation of 18,000 total flight cycles, or
within 1,000 flight cycles after the effective date of this AD,
whichever occurs first.
(ii) Within 90 days after the effective date of this AD.
[[Page 72597]]
Corrective Actions
(g) If any cracking is found during any inspection required by
this AD, prior to further flight, repair in accordance with a method
approved by the Manager, Seattle Aircraft Certification Office
(ACO), FAA, or with a method approved in accordance with the
procedures specified in paragraph (i) of this AD.
Acceptable Method of Compliance
(h) Replacing the splice fitting before the effective date of
this AD in accordance with Boeing Service Bulletin 737-53-1222,
dated June 6, 2002; or Boeing ASB 737-53A1222, Revision 1, dated
January 30, 2003, is acceptable for compliance with the requirements
of paragraph (f) of 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) 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.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, 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.
Material Incorporated by Reference
(j) You must use Boeing Alert Service Bulletin 737-53A1222,
Revision 2, dated October 20, 2005, to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approved the incorporation by reference of
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for a copy of this service information. You
may review copies at the Docket Management Facility, U.S. Department
of Transportation, 400 Seventh Street, SW., room PL-401, Nassif
Building, Washington, DC; on the Internet at 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 November 25, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-23601 Filed 12-5-05; 8:45 am]
BILLING CODE 4910-13-P