Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes, 33611-33614 [06-5205]
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33611
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
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.
TABLE 1.—ALL MATERIAL INCORPORATED BY REFERENCE
Boeing service bulletin
767–25A0260
767–25A0260
767–25A0260
767–25A0260
767–25A0275
1 Original
Revision level
(1)
1
2
3
3
...............................................................................................................................................
...............................................................................................................................................
...............................................................................................................................................
...............................................................................................................................................
...............................................................................................................................................
Date
July 9, 1998.
January 25, 2001.
August 26, 2004.
July 7, 2005.
April 24, 2003.
issue.
TABLE 2.—NEW MATERIAL INCORPORATED BY REFERENCE
Boeing service bulletin
767–25A0260
767–25A0260
767–25A0260
767–25A0275
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20626; Directorate
Identifier 2004–NM–243–AD; Amendment
39–14636; AD 2006–12–11]
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:
sroberts on PROD1PC70 with RULES
Date
1
2
3
3
January 25, 2001.
August 26, 2004.
July 7, 2005.
April 24, 2003.
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
Issued in Renton, Washington, on May 31,
2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–5210 Filed 6–9–06; 8:45 am]
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Boeing Model 737–600, –700, –700C,
–800, and –900 series airplanes. This
AD requires replacing the fuel shutoff
valve wires and conduit assemblies in
the left and right engine strut aft fairing
areas. This AD results from a report that
an operator discovered many small
chafe marks and exposed shield braid
on fuel shutoff wires routed through a
conduit in the wing. We are issuing this
AD to prevent exposed wires that could
provide an ignition source in a
flammable leakage zone and possibly
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Revision level
18:28 Jun 09, 2006
Jkt 208001
lead to an uncontrolled fire or
explosion.
Discussion
This AD becomes effective July
17, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of July 17, 2006.
DATES:
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Doug Pegors, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6504; 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.
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The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain Boeing Model 737–600,
–700, –700C, –800, and –900 series
airplanes. That NPRM was published in
the Federal Register on March 16, 2005
(70 FR 12815). That NPRM proposed to
require replacing the fuel shutoff valve
wires and conduit assemblies in the left
and right engine strut aft fairing areas.
Explanation of Revised Service
Information
Since we issued the NPRM, Boeing
revised Special Attention Service
Bulletin 737–28–1199, dated September
9, 2004, which was specified in the
NPRM as the appropriate source of
service information for accomplishing
the proposed requirements of this AD.
We have reviewed Boeing Special
Attention Service Bulletin 737–28–
1199, Revision 1, dated December 15,
2005. Service Bulletin 737–28–1199,
Revision 1, incorporates information
specified in Boeing Information Notice
(IN) 737–28–1199 IN 01, dated
November 4, 2004, and additional
similar changes’ although the
procedures remain essentially the same.
The information and similar changes
include revisions to certain part
numbers and materials; changes to the
step tables and notes in several figures;
addition of drawings used in the
preparation of the service bulletin;
deletion of the reference to Appendix A
of the service bulletin; clarification of
work instructions; and other changes.
Accomplishing the actions specified in
the service information is intended to
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
adequately address the unsafe
condition.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Support for the AD
Two commenters, the Airline Pilots
Association (ALPA), and AirTran
Airways, support the proposed AD.
after this AD has been performed.
Continental states that a revised wiring
diagram manual is necessary to
maintain the wire routing and
modification configuration required by
this AD.
We agree that it is essential to
maintain proper modification
configuration. Section K of Service
Bulletin 737–28–1199, Revision 1, lists
all publications affected by changes to
the service bulletin, such as the wiring
diagram manual and illustrated parts
catalog. These manuals provide all
information needed for maintenance
personnel to maintain the wiring
configuration detailed by the AD;
therefore, such manuals must be
current. To ensure this, the release of a
service bulletin triggers an update of
these manuals. We have confirmed with
Boeing that all documents referenced in
section K of any Boeing service bulletin
are updated and available to operators at
the time that service bulletin is released;
but that it remains the operator’s
responsibility to ensure that the updated
documents are incorporated into the
operator’s manuals. No change is
needed to the AD in this regard.
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Request To Extend Compliance Time
Four commenters, Continental, KLM
Royal Dutch Airlines (KLM), American
Airlines, and the Air Transport
Association (ATA) on behalf of
American Airlines, request that the
compliance time of 24 months specified
by the NPRM be extended to 36 months
or longer. American Airlines requests
that the compliance time be extended to
72 months. The commenters contend
that the amount of work proposed by
the NPRM will not be possible to
accomplish within 24 months without
considerable extra maintenance activity
at great expense and hardship. The
commenters assert that revising the
compliance time as requested will bring
the AD into closer alignment with
scheduled heavy maintenance checks
and greatly ease this burden.
We agree that an extension of the
compliance time could allow closer
alignment with scheduled maintenance
for some operators; however, extending
the compliance time to 72 months
would expose the fleet to an
unacceptable level of increased risk. We
have determined that extending the 24month compliance time by 12 months
will bring this AD into closer alignment
with scheduled maintenance without an
unacceptable increase in risk to the
fleet. Accordingly, we have revised
paragraph (f) of the AD to specify a
compliance time of 36 months. Further,
to obtain even longer compliance times,
anyone may request approval of an
AMOC as specified in paragraph (h) of
this AD, provided data are submitted to
demonstrate that an acceptable level of
safety will be maintained.
Request To Identify Wire Bundle
One commenter, Continental, requests
that we revise the NPRM to require
installing red-colored identification
sleeves on the engine fuel shutoff valve
wire bundle. Continental contends that
such sleeves, labeled ‘‘CAUTION’’
(followed with the service bulletin
number ‘‘737–28–1199’’ or the
operator’s number), should be installed
on the wire bundle at intervals of 12 to
24 inches. Continental states that
similar red identification sleeves are
installed on the 737 CL (Classic)
Isolated Fuel Quantity Transmitter
(IFQT) wiring.
We do not agree. Identification of the
IFQT safe side wiring is necessary to
maintain isolation of those wires from
other high-power wiring that may be
routed in close proximity. However,
isolation of the engine fuel shutoff valve
wire bundle is not a safety-critical issue.
No change is needed to the AD in this
regard.
Request for Wiring Diagram Manual
Update
One commenter, Continental, requests
that Boeing either incorporate the
revised wiring configuration specified
by the service bulletin into the existing
wiring diagram manual or issue a new
manual. Continental asserts that a
maintenance technician could
unintentionally undo the wire
configuration specified by the AD if the
existing wiring diagram manual is used
Request To Reissue Service Bulletin
One commenter, Continental, requests
that the service bulletin be reissued
with a clearer description of the unsafe
condition. Continental requests certain
language in the service bulletin be
changed to read, ‘‘The exposure of the
wire shield braid could cause electrical
arcing in the fuel leakage zone, which
could result in an uncontrolled fire and
explosion as well as an in-flight engine
shutdown.’’ Continental asserts that this
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language clarifies the urgency of the
unsafe condition and that the service
bulletin should therefore be reissued as
an alert service bulletin.
We agree that it is desirable to reflect
unsafe conditions in service information
as clearly as possible, as this would add
a sense of urgency to the service
information. However, we have revised
the AD to refer to Boeing Service
Bulletin 737–28–1199, Revision 1, as
the appropriate source of service
information for accomplishing the
required actions of the AD (refer to
‘‘Explanation of Changes Made to This
AD’’). Revision 1 refers to the possibility
of engine shutdown and we have
determined that adding ‘‘alert’’ to the
title of the service bulletin will have no
effect upon airplane safety. No change is
needed to the AD in this regard.
Request To Revise Costs of Compliance
Two commenters, Continental and
ATA, on behalf of its member, American
Airlines, state that the Costs of
Compliance shown in the NPRM do not
correspond with labor estimates
provided by the service bulletin.
American Airlines states that the service
bulletin specifies 77 work hours rather
than the 42 work hours estimated by the
NPRM, while Continental asserts that
the correct figure should be 50 work
hours. Though no request was made, we
infer that the commenters wish us to
increase the number of work hours
shown in the Costs of Compliance.
We do not agree with this request.
Based on the best data available, the
manufacturer provided the number of
work hours necessary to do the required
actions. This number represents the
time necessary to perform only the
actions actually required by this AD. We
recognize that in doing the actions
required by an AD, operators may incur
incidental costs in addition to the direct
costs. The cost analysis in AD
rulemaking actions, however, typically
does not include incidental costs such
as the time required to gain access and
to close up, time necessary for planning,
or time necessitated by other
administrative actions. While the
service bulletin includes an estimate of
the cost to access and close up the aft
fairing areas of the engine struts in order
to perform the required fuel shutoff
valve wire and conduit assembly
replacements, we do not include those
costs in our estimate. We have not
changed the AD in this regard; however,
we have provided some relief to
operators by extending the compliance
time, as described earlier.
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
Explanation of Changes Made to This
AD
Service Bulletin 737–28–1199,
Revision 1, Paragraph 1.A.—Effectivity,
shows changes of airplane operators
from the original issue of the service
bulletin. Therefore, we have revised
paragraph (c) of the AD to refer to
Service Bulletin 737–28–1199, Revision
1, to determine the applicability of the
AD. No new airplanes have been added.
We have revised this action to clarify
the appropriate procedure for notifying
the principal inspector before using any
approved AMOC on any airplane to
which the AMOC applies.
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 with the changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
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Costs of Compliance
There are about 1,338 airplanes of the
affected design in the worldwide fleet.
This AD will affect about 529 airplanes
of U.S. registry. The required actions
will take about 42 work hours per
airplane, at an average labor rate of $65
per work hour. Required parts will cost
about $2,418 per airplane. Based on
these figures, the estimated cost of the
AD for U.S. operators is $2,723,292, or
$5,148 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 AD will
not have federalism implications under
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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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
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
2006–12–11 Boeing: Amendment 39–14636.
Docket No. FAA–2005–20626;
Directorate Identifier 2004-NM–243-AD.
Effective Date
(a) This AD becomes effective July 17,
2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 737–
600, –700, –700C, –800, and –900 series
airplanes; certificated in any category; as
listed in Boeing Special Attention Service
Bulletin 737–28–1199, Revision 1, dated
December 15, 2005.
Unsafe Condition
(d) This AD was prompted by a report that
an operator discovered many small chafe
marks and exposed shield braid on fuel
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33613
shutoff valve wires routed through a conduit
in the wing. We are issuing this AD to
prevent exposed wires that could provide an
ignition source in a flammable leakage zone
and possibly lead to an uncontrolled 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.
Parts Replacement
(f) Within 36 months after the effective
date of this AD, replace the fuel shutoff valve
wires and conduit assemblies in the left and
right engine strut aft fairing areas with new
fuel shutoff valve wires and conduit
assemblies, by accomplishing all the actions
in accordance with the Accomplishment
Instructions of Boeing Special Attention
Service Bulletin 737–28–1199, Revision 1,
dated December 15, 2005.
Actions Accomplished Using Prior Version
of Service Information
(g) Actions accomplished before the
effective date of this AD in accordance with
Special Attention Service Bulletin 737–28–
1199, dated September 9, 2004, are
considered acceptable for compliance with
the applicable action specified in this AD.
Alternative Methods of Compliance
(AMOCs)
(h)(1) 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.
(2) Before using any AMOC approved in
accordance with 14 CFR 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
(i) You must use Boeing Special Attention
Service Bulletin 737–28–1199, Revision 1,
dated December 15, 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.
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33614
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
Issued in Renton, Washington, on May 31,
2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–5205 Filed 6–9–06; 8:45 am]
[Docket No. 2003–NM–233–AD; Amendment
39–14585; AD 2006–10–01]
mandates eventual replacement of the
existing fire and overheat control unit
with a modified unit, which ends the
repetitive inspections.
As published, the AD reads
throughout, ‘‘Bombardier Alert Service
Bulletin A601R–26–017, Revision ‘‘C,’’
dated November 6, 2003.’’ The correct
date of the service bulletin revision
should be November 3, 2003.
Since no other part of the regulatory
information has been changed, the final
rule is not being republished in the
Federal Register.
The effective date of this AD remains
June 12, 2006.
RIN 2120–AA64
§ 39.13
Airworthiness Directives; Bombardier
Model CL–600–2B19 (Regional Jet
Series 100 & 440) Airplanes
On page 26685, in the left-hand
column, paragraph (g) of AD 2006–10–
01 is corrected to read as follows:
*
*
*
*
*
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Federal Aviation
Administration, DOT.
ACTION: Final rule; correction.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: This document corrects a
typographical error that appeared in AD
2006–10–01 that was published in the
Federal Register on May 8, 2006 (71 FR
26682). The typographical error resulted
in an incorrect revision date for a
referenced service bulletin. This AD is
applicable to certain Bombardier Model
CL–600–2B19 (Regional Jet Series 100 &
440) airplanes. This AD requires the
installation of protective tape on the fire
and overheat control unit in the flight
compartment, and repetitive inspections
of the condition of the protective tape
and related corrective action. This AD
also mandates eventual replacement of
the existing fire and overheat control
unit with a modified unit, which ends
the repetitive inspections.
DATES: Effective June 12, 2006.
FOR FURTHER INFORMATION CONTACT:
Rocco Viselli (or James Delisio),
Aerospace Engineer, Airframe and
Propulsion Branch, ANE–171, FAA,
New York Aircraft Certification Office,
1600 Stewart Avenue, suite 410,
Westbury, New York; telephone (516)
228–7331 (or (516) 228–7321); fax (516)
794–5531.
SUPPLEMENTARY INFORMATION:
Airworthiness Directive (AD) 2006–10–
01, amendment 39–14585, applicable to
certain Bombardier Model CL–600–
2B19 (Regional Jet Series 100 & 440)
airplanes, was published in the Federal
Register on May 8, 2006 (71 FR 26682).
That AD requires the installation of
protective tape on the fire and overheat
control unit in the flight compartment,
and repetitive inspections of the
condition of the protective tape and
related corrective action. That AD also
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18:28 Jun 09, 2006
Jkt 208001
[Corrected]
(g) Actions accomplished before the
effective date of this AD in accordance with
Bombardier Alert Service Bulletin A601R–
26–017, Revision ‘C,’ dated November 3,
2003; and Bombardier Service Bulletin 601R–
26–018, dated December 2, 2002; or Revision
‘A,’ dated February 27, 2003; as applicable;
are considered acceptable for compliance
with the corresponding requirements of this
AD.
*
*
*
*
*
Issued in Renton, Washington, on May 31,
2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–5246 Filed 6–9–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738, 742, 745, and 774
[Docket No. 060228055–6055–01]
RIN 0694–AD62
Implementation of Unilateral Chemical/
Biological (CB) Controls on Certain
Biological Agents and Toxins;
Clarification of Controls on Medical
Products Containing Certain Toxins on
the Australia Group (AG) Common
Control Lists; Additions to the List of
States Parties to the Chemical
Weapons Convention (CWC)
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: The Bureau of Industry and
Security (BIS) is publishing this final
rule to amend the Export
Administration Regulations (EAR) to
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expand export and reexport controls on
certain biological agents and toxins
(referred to, herein, as ‘‘select agents
and toxins’’) that have been determined
by the Centers for Disease Control and
Prevention (CDC), U.S. Department of
Health and Human Services, and the
Animal and Plant Health Inspection
Service (APHIS), U.S. Department of
Agriculture, to have the potential to
pose a severe threat to human, animal
and plant life, as well as certain sectors
of the U.S. economy (e.g., agriculture).
Prior to the publication of this rule,
twenty-two of these agents were not
listed on the Commerce Control List
(CCL) and one of these agents was
incompletely specified therein. By
amending the EAR to add a new CCL
entry that controls CDC and/or APHIS
select agents and toxins (including
associated genetic elements,
recombinant nucleic acids, and
recombinant organisms) not previously
specified on the CCL, this rule
complements the controls that CDC and
AHPIS have imposed on the possession,
use, and transfer of these select agents
and toxins within the United States. The
addition of these items to the CCL is
expected to have a minimal impact on
U.S. industry, since the volume of
exports and reexports is extremely
limited.
This rule also amends the EAR to
clarify controls on certain medical
products containing AG-controlled
toxins, other than ricin or saxitoxin, by
revising the definition of such products
to clearly indicate that they include
pharmaceutical formulations,
prepackaged for distribution as clinical
or medical products, that have been
approved by the Food and Drug
Administration (FDA) for use as an
‘‘Investigational New Drug’’ (IND).
Specifically, this rule clarifies that FDAapproved IND products containing AGcontrolled toxins (except ricin or
saxitoxin) are considered to be ‘‘medical
products’’ as described in the CCL entry
that controls vaccines, immunotoxins,
medical products, and diagnostic and
food testing kits. BIS is making this
clarification because the previous
revision to the definition of medical
products inadvertently failed to specify
that such products include IND items.
Furthermore, this clarification is
consistent with the language in the AG
exemption for clinical and medical
products containing botulinum toxins
and conotoxins, since the AG exemption
applies when such products are
designed for ‘‘testing,’’ as well as human
administration, in the treatment of
medical conditions.
In addition, this rule removes the
license requirements for exports and
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]]>Agencies
[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33611-33614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5205]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20626; Directorate Identifier 2004-NM-243-AD;
Amendment 39-14636; AD 2006-12-11]
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.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 737-600, -700, -700C, -800, and -900 series
airplanes. This AD requires replacing the fuel shutoff valve wires and
conduit assemblies in the left and right engine strut aft fairing
areas. This AD results from a report that an operator discovered many
small chafe marks and exposed shield braid on fuel shutoff wires routed
through a conduit in the wing. We are issuing this AD to prevent
exposed wires that could provide an ignition source in a flammable
leakage zone and possibly lead to an uncontrolled fire or explosion.
DATES: This AD becomes effective July 17, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 17,
2006.
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: Doug Pegors, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425) 917-6504; 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 certain Boeing Model
737-600, -700, -700C, -800, and -900 series airplanes. That NPRM was
published in the Federal Register on March 16, 2005 (70 FR 12815). That
NPRM proposed to require replacing the fuel shutoff valve wires and
conduit assemblies in the left and right engine strut aft fairing
areas.
Explanation of Revised Service Information
Since we issued the NPRM, Boeing revised Special Attention Service
Bulletin 737-28-1199, dated September 9, 2004, which was specified in
the NPRM as the appropriate source of service information for
accomplishing the proposed requirements of this AD. We have reviewed
Boeing Special Attention Service Bulletin 737-28-1199, Revision 1,
dated December 15, 2005. Service Bulletin 737-28-1199, Revision 1,
incorporates information specified in Boeing Information Notice (IN)
737-28-1199 IN 01, dated November 4, 2004, and additional similar
changes' although the procedures remain essentially the same. The
information and similar changes include revisions to certain part
numbers and materials; changes to the step tables and notes in several
figures; addition of drawings used in the preparation of the service
bulletin; deletion of the reference to Appendix A of the service
bulletin; clarification of work instructions; and other changes.
Accomplishing the actions specified in the service information is
intended to
[[Page 33612]]
adequately address the unsafe condition.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Support for the AD
Two commenters, the Airline Pilots Association (ALPA), and AirTran
Airways, support the proposed AD.
Request To Extend Compliance Time
Four commenters, Continental, KLM Royal Dutch Airlines (KLM),
American Airlines, and the Air Transport Association (ATA) on behalf of
American Airlines, request that the compliance time of 24 months
specified by the NPRM be extended to 36 months or longer. American
Airlines requests that the compliance time be extended to 72 months.
The commenters contend that the amount of work proposed by the NPRM
will not be possible to accomplish within 24 months without
considerable extra maintenance activity at great expense and hardship.
The commenters assert that revising the compliance time as requested
will bring the AD into closer alignment with scheduled heavy
maintenance checks and greatly ease this burden.
We agree that an extension of the compliance time could allow
closer alignment with scheduled maintenance for some operators;
however, extending the compliance time to 72 months would expose the
fleet to an unacceptable level of increased risk. We have determined
that extending the 24-month compliance time by 12 months will bring
this AD into closer alignment with scheduled maintenance without an
unacceptable increase in risk to the fleet. Accordingly, we have
revised paragraph (f) of the AD to specify a compliance time of 36
months. Further, to obtain even longer compliance times, anyone may
request approval of an AMOC as specified in paragraph (h) of this AD,
provided data are submitted to demonstrate that an acceptable level of
safety will be maintained.
Request for Wiring Diagram Manual Update
One commenter, Continental, requests that Boeing either incorporate
the revised wiring configuration specified by the service bulletin into
the existing wiring diagram manual or issue a new manual. Continental
asserts that a maintenance technician could unintentionally undo the
wire configuration specified by the AD if the existing wiring diagram
manual is used after this AD has been performed. Continental states
that a revised wiring diagram manual is necessary to maintain the wire
routing and modification configuration required by this AD.
We agree that it is essential to maintain proper modification
configuration. Section K of Service Bulletin 737-28-1199, Revision 1,
lists all publications affected by changes to the service bulletin,
such as the wiring diagram manual and illustrated parts catalog. These
manuals provide all information needed for maintenance personnel to
maintain the wiring configuration detailed by the AD; therefore, such
manuals must be current. To ensure this, the release of a service
bulletin triggers an update of these manuals. We have confirmed with
Boeing that all documents referenced in section K of any Boeing service
bulletin are updated and available to operators at the time that
service bulletin is released; but that it remains the operator's
responsibility to ensure that the updated documents are incorporated
into the operator's manuals. No change is needed to the AD in this
regard.
Request To Identify Wire Bundle
One commenter, Continental, requests that we revise the NPRM to
require installing red-colored identification sleeves on the engine
fuel shutoff valve wire bundle. Continental contends that such sleeves,
labeled ``CAUTION'' (followed with the service bulletin number ``737-
28-1199'' or the operator's number), should be installed on the wire
bundle at intervals of 12 to 24 inches. Continental states that similar
red identification sleeves are installed on the 737 CL (Classic)
Isolated Fuel Quantity Transmitter (IFQT) wiring.
We do not agree. Identification of the IFQT safe side wiring is
necessary to maintain isolation of those wires from other high-power
wiring that may be routed in close proximity. However, isolation of the
engine fuel shutoff valve wire bundle is not a safety-critical issue.
No change is needed to the AD in this regard.
Request To Reissue Service Bulletin
One commenter, Continental, requests that the service bulletin be
reissued with a clearer description of the unsafe condition.
Continental requests certain language in the service bulletin be
changed to read, ``The exposure of the wire shield braid could cause
electrical arcing in the fuel leakage zone, which could result in an
uncontrolled fire and explosion as well as an in-flight engine
shutdown.'' Continental asserts that this language clarifies the
urgency of the unsafe condition and that the service bulletin should
therefore be reissued as an alert service bulletin.
We agree that it is desirable to reflect unsafe conditions in
service information as clearly as possible, as this would add a sense
of urgency to the service information. However, we have revised the AD
to refer to Boeing Service Bulletin 737-28-1199, Revision 1, as the
appropriate source of service information for accomplishing the
required actions of the AD (refer to ``Explanation of Changes Made to
This AD''). Revision 1 refers to the possibility of engine shutdown and
we have determined that adding ``alert'' to the title of the service
bulletin will have no effect upon airplane safety. No change is needed
to the AD in this regard.
Request To Revise Costs of Compliance
Two commenters, Continental and ATA, on behalf of its member,
American Airlines, state that the Costs of Compliance shown in the NPRM
do not correspond with labor estimates provided by the service
bulletin. American Airlines states that the service bulletin specifies
77 work hours rather than the 42 work hours estimated by the NPRM,
while Continental asserts that the correct figure should be 50 work
hours. Though no request was made, we infer that the commenters wish us
to increase the number of work hours shown in the Costs of Compliance.
We do not agree with this request. Based on the best data
available, the manufacturer provided the number of work hours necessary
to do the required actions. This number represents the time necessary
to perform only the actions actually required by this AD. We recognize
that in doing the actions required by an AD, operators may incur
incidental costs in addition to the direct costs. The cost analysis in
AD rulemaking actions, however, typically does not include incidental
costs such as the time required to gain access and to close up, time
necessary for planning, or time necessitated by other administrative
actions. While the service bulletin includes an estimate of the cost to
access and close up the aft fairing areas of the engine struts in order
to perform the required fuel shutoff valve wire and conduit assembly
replacements, we do not include those costs in our estimate. We have
not changed the AD in this regard; however, we have provided some
relief to operators by extending the compliance time, as described
earlier.
[[Page 33613]]
Explanation of Changes Made to This AD
Service Bulletin 737-28-1199, Revision 1, Paragraph 1.A.--
Effectivity, shows changes of airplane operators from the original
issue of the service bulletin. Therefore, we have revised paragraph (c)
of the AD to refer to Service Bulletin 737-28-1199, Revision 1, to
determine the applicability of the AD. No new airplanes have been
added.
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
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 with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 1,338 airplanes of the affected design in the
worldwide fleet. This AD will affect about 529 airplanes of U.S.
registry. The required actions will take about 42 work hours per
airplane, at an average labor rate of $65 per work hour. Required parts
will cost about $2,418 per airplane. Based on these figures, the
estimated cost of the AD for U.S. operators is $2,723,292, or $5,148
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 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):
2006-12-11 Boeing: Amendment 39-14636. Docket No. FAA-2005-20626;
Directorate Identifier 2004-NM-243-AD.
Effective Date
(a) This AD becomes effective July 17, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 737-600, -700, -700C, -800,
and -900 series airplanes; certificated in any category; as listed
in Boeing Special Attention Service Bulletin 737-28-1199, Revision
1, dated December 15, 2005.
Unsafe Condition
(d) This AD was prompted by a report that an operator discovered
many small chafe marks and exposed shield braid on fuel shutoff
valve wires routed through a conduit in the wing. We are issuing
this AD to prevent exposed wires that could provide an ignition
source in a flammable leakage zone and possibly lead to an
uncontrolled 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.
Parts Replacement
(f) Within 36 months after the effective date of this AD,
replace the fuel shutoff valve wires and conduit assemblies in the
left and right engine strut aft fairing areas with new fuel shutoff
valve wires and conduit assemblies, by accomplishing all the actions
in accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-28-1199, Revision 1, dated December
15, 2005.
Actions Accomplished Using Prior Version of Service Information
(g) Actions accomplished before the effective date of this AD in
accordance with Special Attention Service Bulletin 737-28-1199,
dated September 9, 2004, are considered acceptable for compliance
with the applicable action specified in this AD.
Alternative Methods of Compliance (AMOCs)
(h)(1) 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.
(2) Before using any AMOC approved in accordance with 14 CFR
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
(i) You must use Boeing Special Attention Service Bulletin 737-
28-1199, Revision 1, dated December 15, 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.
[[Page 33614]]
Issued in Renton, Washington, on May 31, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-5205 Filed 6-9-06; 8:45 am]
BILLING CODE 4910-13-P
