Airworthiness Directives; Boeing Model 737-200, -300, and -400 Series Airplanes, 41113-41116 [E6-11418]
Download as PDF
<![CDATA[
41113
Federal Register / Vol. 71, No. 139 / Thursday, July 20, 2006 / Rules and Regulations
Airbus All Operators Telex (AOT) 53–11,
dated October 13, 1997.
(5) Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France, 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.
TABLE 4.—ALL MATERIAL INCORPORATED BY REFERENCE
Revision
level
Service Bulletin
Airbus
Airbus
Airbus
Airbus
Airbus
Airbus
All Operators Telex A300–53A0371 ..............................................................................................
All Operators Telex A300–53A6145 ..............................................................................................
All Operators Telex (AOT) 53–11 ..................................................................................................
Service Bulletin A300–53–0379, excluding Appendix 01 ..............................................................
Service Bulletin A300–53–6128, excluding Appendix 01 ..............................................................
Service Bulletin A300–53–6152, excluding Appendix 01 ..............................................................
01 ................
01 ................
Original ........
01 ................
Original ........
01 ................
Date
September 10, 2003.
September 10, 2003.
October 13, 1997.
October 4, 2005.
March 5, 2001.
October 4, 2005.
TABLE 5.—NEW MATERIAL INCORPORATED BY REFERENCE
Service Bulletin
Revision
level
Airbus Service Bulletin A300–53–0379, excluding Appendix 01 ..............................................................
Airbus Service Bulletin A300–53–6152, excluding Appendix 01 ..............................................................
01 ................
01 ................
Issued in Renton, Washington, on July 7,
2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–11412 Filed 7–19–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20731; Directorate
Identifier 2004–NM–260–AD; Amendment
39–14685; AD 2006–15–05]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–200, –300, and –400 Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
wwhite on PROD1PC76 with RULES
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Boeing Model 737–200, –300, and –400
series airplanes. This AD requires
replacing the existing fueling float
switch in the auxiliary fuel tank with a
new, improved fueling float switch,
installing a new liner system inside the
float switch conduit, and performing
related investigative and other specified
actions. This AD results from reports of
chafing of the direct-current-powered
float switch wiring insulation in the
center fuel tank. We are issuing this AD
VerDate Aug<31>2005
16:42 Jul 19, 2006
Jkt 208001
to prevent contamination of the fueling
float switch of the auxiliary fuel tank by
moisture or fuel, and chafing of the float
switch wiring against the float switch
conduit in the fuel tank, which could
present an ignition source inside the
fuel tank that could cause a fire or
explosion.
This AD becomes effective
August 24, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of August 24, 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:
Sherry Vevea, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6514; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
DATES:
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.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
Date
October 4, 2005.
October 4, 2005.
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 737–200,
–300, and –400 series airplanes. That
NPRM was published in the Federal
Register on March 31, 2005 (70 FR
16445). That NPRM proposed to require
replacing the existing fueling float
switch in the auxiliary fuel tank with a
new, improved fueling float switch,
installing a new liner system inside the
float switch conduit, and performing
related investigative and other specified
actions.
New Relevant Service Information
We have reviewed Boeing Service
Bulletin 737–28A1192, Revision 2,
dated April 27, 2006. (The NPRM refers
to Boeing Service Bulletin 737–
28A1192, Revision 1, dated August 21,
2003, as the appropriate source of
service information for the proposed
actions.) Revision 2 adds a new Part B,
which describes procedures for adding
environmental protection to the splice
and conduit. We have revised paragraph
(f) of this AD to refer to Revision 2 as
the appropriate source of service
information for the actions required by
that paragraph. Also, we have revised
paragraph (h) of this AD to give credit
for actions previously accomplished in
E:\FR\FM\20JYR1.SGM
20JYR1
41114
Federal Register / Vol. 71, No. 139 / Thursday, July 20, 2006 / Rules and Regulations
accordance with Revision 1 of the
service bulletin.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Support for the Proposed AD
Two commenters, Boeing and the
National Transportation Safety Board
(NTSB), support the proposed AD.
wwhite on PROD1PC76 with RULES
Request to Correct Subject Part Number
(P/N)
Continental Airlines (Continental)
notes that the P/N specified in
paragraph (g) of the proposed AD is
different than the P/N specified in
paragraph (j) of AD 2004–15–04,
amendment 39–13738 (69 FR 44580,
July 27, 2004). (The NPRM explains that
AD 2004–15–04 requires actions on the
fueling float switches in the center and
wing fuel tanks which are similar to the
actions proposed for the auxiliary fuel
tanks.) Similarly, BMI submits a single
page from Boeing Service Bulletin 737–
28A1192, Revision 1, marked to indicate
that the float switch P/N is F8300–146.
We infer that Continental and BMI are
asking us to revise paragraph (g) of the
proposed AD to correct the float switch
P/N. We agree. We made a
typographical error in the P/N in
paragraph (g) of the NPRM. There is no
float switch that has P/N 8300–146. We
have revised paragraph (g) of this AD to
correct the P/N to F8300–146.
Request To Address Defective Parts
Manufacturing Authority (PMA) Parts
The Modification and Replacement
Parts Association (MARPA) requests
that we revise the proposed AD to cover
possible defective PMA alternative
parts, rather than just a single P/N, so
that those defective PMA parts also are
subject to the proposed AD. The
MARPA also asks that we determine
whether one known PMA part contains
the same defect as the original
equipment manufacturer’s (OEM) part.
The MARPA notes that the proposed
AD does not address the possibility that
PMA parts may be installed in lieu of
the part referenced in Boeing Service
Bulletin 737–28A1192. The commenter
indicates that Ametek Aerospace has
received a PMA for a float switch having
P/N F8300–146 which may be installed
in lieu of the OEM part. The MARPA
states that, by referring solely to the
Boeing service bulletin, the proposed
AD would not apply to this or any other
PMA alternative, though the commenter
assumes a PMA part would contain the
same defect as the OEM part. The
VerDate Aug<31>2005
16:42 Jul 19, 2006
Jkt 208001
commenter states that this loophole
could create a safety issue by allowing
defective parts to remain in service.
We concur with the MARPA’s general
comment that, if we know that an
unsafe condition also exists in PMA
parts, the AD should address those
parts, as well as the OEM parts.
However, we find that we may have
caused confusion for the commenter
with the typographical error addressed
previously under ‘‘Request to Correct
Subject Part Number (P/N).’’ The
typographical error appears to have
caused the commenter to think that
there are two float switches of similar
design—one produced by the OEM
having P/N 8300–146, and the one
produced by Ametek Aerospace having
P/N F8300–146. This is not the case. We
are aware of only one float switch of this
design, and this is the float switch
having P/N F8300–146 produced by
Ametek Aerospace. Thus, the part to
which the commenter refers is already
subject to the requirements of this AD.
However, the commenter’s remarks
are timely in that the Transport
Airplane Directorate currently is in the
process of reviewing this issue as it
applies to transport category airplanes.
We acknowledge that there may be other
ways of addressing this issue to ensure
that unsafe PMA parts are identified and
addressed. Once we have thoroughly
examined all aspects of this issue,
including input from industry, and have
made a final determination, we will
consider whether our policy regarding
addressing PMA parts in ADs needs to
be revised. We consider that to delay
this AD action would be inappropriate,
since we have determined that an
unsafe condition exists and that
replacement of certain parts must be
accomplished to ensure continued
safety.
We have not changed the final rule in
this regard.
Request To Provide Information for
Maintaining Configuration
Continental recommends installing
identification sleeves on the wiring near
the float switch connector at the
auxiliary fuel tank. Continental states
that such identification sleeves would
assist operators in maintaining the
configuration after the proposed actions
have been done. The commenter notes
that, while the proposed AD changes
float switch wiring routing and conduit
P/Ns, a maintenance person could
unintentionally change this
configuration at some point in the
future. The commenter suggests that the
sleeves be marked with a cautionary
message that refers to the service
bulletin number or other identifying
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
number. The commenter states that
similar identification sleeves are used
for the wiring installation for the
isolated fuel quantity transmitter on
Model 737 airplanes.
We agree with the commenter’s
intent. But we do not agree that any
change is necessary. The design of the
float switch, conduit, liner, and wiring
system will be listed as a critical design
configuration control limitation
(CDCCL) for the fuel system on Model
737 series airplanes. This will ensure
that operators do not modify the fuel
system without appropriate design
review. Boeing states that it will also
ensure that maintenance instructions
will require that the conduit liner be
replaced with a new liner whenever the
wiring is removed from the float switch
conduit for any reason.
Request To Revise Statement Regarding
Parts
Continental requests that note (a) be
removed from Section 2.C., ‘‘Parts
Necessary for Each Airplane,’’ of the
service bulletin. The commenter
specifically objects to the instruction in
note (a), ‘‘Keep the existing part if there
are other uses for it.’’
We infer that the commenter is
concerned that an existing float switch
removed from the auxiliary fuel tank
could be used again. We do not agree
that any change is necessary. Note (b) of
the same section states, ‘‘You cannot use
the existing part to replace the new or
changed part.’’ This addresses the
concern that the part could be
reinstalled in the affected area of an
airplane subject to this AD. We have not
changed the AD in this regard.
Request To Provide for Removed Fuel
Tanks
The Air Transport Association (ATA),
on behalf of its member Delta Airlines,
states no objections to the proposed AD,
but suggests adding a statement that no
action is required for airplanes that are
included in the applicability statement
but that have had the auxiliary fuel tank
removed.
We acknowledge the commenter’s
suggestion, but do not agree that any
change is necessary. The applicability
statement in paragraph (c) of this AD
already states that this AD applies to
‘‘Boeing Model 737–200, –300, and –400
series airplanes * * * equipped with
auxiliary fuel tanks.’’
Request To Revise Costs of Compliance
Continental states that doing the
actions in the Accomplishment
Instructions of the service bulletin took
approximately 40 work hours (20
elapsed hours) per airplane, excluding
E:\FR\FM\20JYR1.SGM
20JYR1
Federal Register / Vol. 71, No. 139 / Thursday, July 20, 2006 / Rules and Regulations
the time needed to gain access and close
up.
We infer that Continental is asking
that we revise the Costs of Compliance
to reflect the work hours that it found
were necessary. We do not agree. We
recognize that the time necessary to do
the actions required by an AD may vary
somewhat from operator to operator. It
is not possible for us to account for all
of the potential variances. The estimate
of 38 work hours specified in this AD
is consistent with the estimate specified
in the service bulletin. We find no
change is needed in this regard.
Clarification of AD Requirements
As we noted previously, Revision 2 of
the service bulletin adds a new Part B,
which describes procedures for adding
environmental protection to the splice
and conduit. Revision 2 of the service
bulletin recommends that the actions in
Part B be accomplished but does not
provide a compliance time for those
actions. We find that the actions
specified in Part B are not necessary to
address the unsafe condition addressed
by this AD. Thus, this AD requires
accomplishing only Part A of the service
bulletin. We have revised paragraph (f)
of this AD accordingly. We also added
Note 1 to this AD to clarify that this AD
does not require the actions in Part B.
Clarification of AMOC Paragraph
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.
wwhite on PROD1PC76 with RULES
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
This AD will affect about 103
airplanes worldwide and 44 airplanes of
U.S. registry. The required actions will
take about 38 work hours per airplane,
at an average labor rate of $65 per work
hour. Required parts will cost about
$1,634 per airplane. Based on these
figures, the estimated cost of this AD for
U.S. operators is $180,576, or $4,104 per
airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
VerDate Aug<31>2005
16:42 Jul 19, 2006
Jkt 208001
41115
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.
§ 39.13
Regulatory Findings
Unsafe Condition
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.
(d) This AD was prompted by reports of
chafing of the direct-current-powered float
switch wiring insulation in the center fuel
tank. We are issuing this AD to prevent
contamination of the fueling float switch of
the auxiliary fuel tank by moisture or fuel,
and chafing of the float switch wiring against
the float switch conduit in the fuel tank,
which could present an ignition source
inside the fuel tank that could cause a fire
or explosion.
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.
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–15–05 Boeing: Amendment 39–14685.
Docket No. FAA–2005–20731;
Directorate Identifier 2004–NM–260–AD.
Effective Date
(a) This AD becomes effective August 24,
2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 737–
200, –300, and –400 series airplanes,
certificated in any category, equipped with
auxiliary fuel tanks.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Replacement
(f) Within 24 months after the effective
date of this AD: Replace the existing fueling
float switch in the auxiliary fuel tank with a
new, improved fueling float switch, install a
new liner system inside the float switch
conduit, and perform related investigative
and other specified actions, by doing all of
the actions in accordance with Part A of the
Accomplishment Instructions of Boeing
Service Bulletin 737–28A1192, Revision 2,
dated April 27, 2006.
Note 1: This AD does not require doing the
actions in Part B of the Accomplishment
Instructions of Boeing Service Bulletin 737–
28A1192, Revision 2, dated April 27, 2006.
Parts Installation
(g) As of the effective date of this AD, no
person may install a fueling float switch
having P/N F8300–146 on the auxiliary fuel
tank of any airplane.
Actions Accomplished Previously
(h) Replacements and conduit liner system
installations accomplished before the
effective date of this AD in accordance with
Boeing Alert Service Bulletin 737–28A1192,
dated March 27, 2003; or Boeing Service
Bulletin 737–28A1192, Revision 1, dated
August 21, 2003; are acceptable for
compliance with the requirements of this AD.
E:\FR\FM\20JYR1.SGM
20JYR1
41116
Federal Register / Vol. 71, No. 139 / Thursday, July 20, 2006 / Rules and Regulations
Alternative Methods of Compliance
(AMOCs)
(i)(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
(j) You must use Boeing Service Bulletin
737–28A1192, Revision 2, dated April 27,
2006, 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 July 7,
2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–11418 Filed 7–19–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–23645; Directorate
Identifier 2006–CE–04–AD; Amendment 39–
14687; AD 2006–15–07]
RIN 2120–AA64
Airworthiness Directives; Mitsubishi
Heavy Industries, Ltd. MU–2B Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
wwhite on PROD1PC76 with RULES
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Mitsubishi Heavy Industries, Ltd. (MHI)
MU–2B series airplanes. This AD
requires you to incorporate text from the
service information into the Limitations
VerDate Aug<31>2005
16:42 Jul 19, 2006
Jkt 208001
Section of the FAA-approved Airplane
Flight Manual (AFM). This AD results
from a recent safety evaluation that used
a data-driven approach to analyze the
design, operation, and maintenance of
the MU–2B series airplanes in order to
determine their safety and define what
steps, if any, are necessary for their safe
operation. Part of that evaluation was
the identification of unsafe conditions
that exist or could develop on the
affected type design airplanes. Field
reports indicate an unsafe condition of
improper rigging and/or adjustment of
the propeller feathering linkage. Service
centers found the unsafe condition
during inspections. We are issuing this
AD to detect and correct improper
rigging of the propeller feathering
linkage. The above issue, if uncorrected,
could result in degraded performance
and poor handling qualities with
consequent loss of control of the
airplane.
This AD becomes effective on
August 24, 2006.
ADDRESSES: For service information
related to this AD, contact Mitsubishi
Heavy Industries America, Inc., 4951
Airport Parkway, Suite 800, Addison,
Texas 75001; telephone: (972) 934–
5480; facsimile: ( 972) 934–5488.
To view the AD docket, go to the
Docket Management Facility, U.S.
Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001 or on the Internet at https://
dms.dot.gov. The docket number is
FAA–2006–23645; Directorate Identifier
2006–CE–04–AD.
FOR FURTHER INFORMATION CONTACT: Rao
Edupuganti, Aerospace Engineer, ASW–
150, Fort Worth Aircraft Certification
Office, 2601 Meacham Blvd., Fort
Worth, Texas 76193; telephone: (817)
222–5284; facsimile: (817) 222–5960.
SUPPLEMENTARY INFORMATION:
DATES:
Discussion
On March 16, 2006, we issued a
proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to
include an AD that would apply to
certain MHI MU–2B series airplanes.
This proposal was published in the
Federal Register as a notice of proposed
rulemaking (NPRM) on March 22, 2006
(71 FR 14425). The NPRM proposed to
require you to incorporate text from the
service information into the Limitations
Section of the FAA-approved AFM.
Comments
We provided the public the
opportunity to participate in developing
this AD. The following presents the
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
comment received on the proposal and
FAA’s response to that comment:
Comment Issue: Issuance of an AD
Requiring a Procedure That Has Been in
the AFM for Almost 10 Years
Ralph Sorrells, Mitsubishi Heavy
Industries America (MHIA), Inc.
contends that while MHIA does not
object to the issuance of an AD to ensure
that the feathering valve linkage
inspection revision is included in the
AFMs, MHIA does not understand why
this condition would now merit an AD
requiring the MU–2B operators to follow
a procedure that has been in their AFMs
for almost 10 years. This condition has
not been the subject of a service
difficulty report.
Field reports have indicated that some
MU–2B aircraft being inspected by
service centers require re-rigging and/or
adjustment of the propeller feathering
linkage. Typically, misadjustment of the
feathering linkage could result in the
inability of the linkage to pull the
feather valve to function as designed.
The inability to feather the propeller
could result in asymmetric drag and
control difficulties that are outside the
operational envelope of the aircraft.
For type certificate data sheet (TCDS)
A2PC, Service Bulletin No. 229, dated
February 20, 1996, was issued by MHI,
Ltd. and mandated by issuance of the
Japan Civil Aviation Bureau (JCAB) AD
No. TCD 4379–96, dated February 20,
1996, to ensure the continued
airworthiness of the airplanes in Japan.
For TCDS A10SW, Service Bulletin
No. 090/76–003, dated January 22, 1997,
was issued by MHI, Ltd. and the
compliance was mandatory. At that
time, issuance of an AD by FAA was not
warranted, based on the information
and lack of risk assessment tools.
Recent accidents and the service
history of the MU–2B series airplanes
prompted FAA to conduct an MU–2B
Safety Evaluation. Part of that
evaluation was the identification of
unsafe conditions that exist or could
develop on the affected type design
airplanes. Part of this evaluation was
evaluating the JCAB ADs for which
there were no FAA ADs. In conducting
this evaluation, the team employed new
analysis tools that provided a much
more detailed root cause analysis of the
MU–2B problems than was previously
possible. The results of this evaluation
warranted the issuance of this AD.
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD as proposed except for
minor editorial corrections. We have
E:\FR\FM\20JYR1.SGM
20JYR1
]]>Agencies
[Federal Register Volume 71, Number 139 (Thursday, July 20, 2006)]
[Rules and Regulations]
[Pages 41113-41116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11418]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20731; Directorate Identifier 2004-NM-260-AD;
Amendment 39-14685; AD 2006-15-05]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-200, -300, and -400
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 737-200, -300, and -400 series airplanes. This AD
requires replacing the existing fueling float switch in the auxiliary
fuel tank with a new, improved fueling float switch, installing a new
liner system inside the float switch conduit, and performing related
investigative and other specified actions. This AD results from reports
of chafing of the direct-current-powered float switch wiring insulation
in the center fuel tank. We are issuing this AD to prevent
contamination of the fueling float switch of the auxiliary fuel tank by
moisture or fuel, and chafing of the float switch wiring against the
float switch conduit in the fuel tank, which could present an ignition
source inside the fuel tank that could cause a fire or explosion.
DATES: This AD becomes effective August 24, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of August 24,
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: Sherry Vevea, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425) 917-6514; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
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
737-200, -300, and -400 series airplanes. That NPRM was published in
the Federal Register on March 31, 2005 (70 FR 16445). That NPRM
proposed to require replacing the existing fueling float switch in the
auxiliary fuel tank with a new, improved fueling float switch,
installing a new liner system inside the float switch conduit, and
performing related investigative and other specified actions.
New Relevant Service Information
We have reviewed Boeing Service Bulletin 737-28A1192, Revision 2,
dated April 27, 2006. (The NPRM refers to Boeing Service Bulletin 737-
28A1192, Revision 1, dated August 21, 2003, as the appropriate source
of service information for the proposed actions.) Revision 2 adds a new
Part B, which describes procedures for adding environmental protection
to the splice and conduit. We have revised paragraph (f) of this AD to
refer to Revision 2 as the appropriate source of service information
for the actions required by that paragraph. Also, we have revised
paragraph (h) of this AD to give credit for actions previously
accomplished in
[[Page 41114]]
accordance with Revision 1 of the service bulletin.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Support for the Proposed AD
Two commenters, Boeing and the National Transportation Safety Board
(NTSB), support the proposed AD.
Request to Correct Subject Part Number (P/N)
Continental Airlines (Continental) notes that the P/N specified in
paragraph (g) of the proposed AD is different than the P/N specified in
paragraph (j) of AD 2004-15-04, amendment 39-13738 (69 FR 44580, July
27, 2004). (The NPRM explains that AD 2004-15-04 requires actions on
the fueling float switches in the center and wing fuel tanks which are
similar to the actions proposed for the auxiliary fuel tanks.)
Similarly, BMI submits a single page from Boeing Service Bulletin 737-
28A1192, Revision 1, marked to indicate that the float switch P/N is
F8300-146.
We infer that Continental and BMI are asking us to revise paragraph
(g) of the proposed AD to correct the float switch P/N. We agree. We
made a typographical error in the P/N in paragraph (g) of the NPRM.
There is no float switch that has P/N 8300-146. We have revised
paragraph (g) of this AD to correct the P/N to F8300-146.
Request To Address Defective Parts Manufacturing Authority (PMA) Parts
The Modification and Replacement Parts Association (MARPA) requests
that we revise the proposed AD to cover possible defective PMA
alternative parts, rather than just a single P/N, so that those
defective PMA parts also are subject to the proposed AD. The MARPA also
asks that we determine whether one known PMA part contains the same
defect as the original equipment manufacturer's (OEM) part.
The MARPA notes that the proposed AD does not address the
possibility that PMA parts may be installed in lieu of the part
referenced in Boeing Service Bulletin 737-28A1192. The commenter
indicates that Ametek Aerospace has received a PMA for a float switch
having P/N F8300-146 which may be installed in lieu of the OEM part.
The MARPA states that, by referring solely to the Boeing service
bulletin, the proposed AD would not apply to this or any other PMA
alternative, though the commenter assumes a PMA part would contain the
same defect as the OEM part. The commenter states that this loophole
could create a safety issue by allowing defective parts to remain in
service.
We concur with the MARPA's general comment that, if we know that an
unsafe condition also exists in PMA parts, the AD should address those
parts, as well as the OEM parts.
However, we find that we may have caused confusion for the
commenter with the typographical error addressed previously under
``Request to Correct Subject Part Number (P/N).'' The typographical
error appears to have caused the commenter to think that there are two
float switches of similar design--one produced by the OEM having P/N
8300-146, and the one produced by Ametek Aerospace having P/N F8300-
146. This is not the case. We are aware of only one float switch of
this design, and this is the float switch having P/N F8300-146 produced
by Ametek Aerospace. Thus, the part to which the commenter refers is
already subject to the requirements of this AD.
However, the commenter's remarks are timely in that the Transport
Airplane Directorate currently is in the process of reviewing this
issue as it applies to transport category airplanes. We acknowledge
that there may be other ways of addressing this issue to ensure that
unsafe PMA parts are identified and addressed. Once we have thoroughly
examined all aspects of this issue, including input from industry, and
have made a final determination, we will consider whether our policy
regarding addressing PMA parts in ADs needs to be revised. We consider
that to delay this AD action would be inappropriate, since we have
determined that an unsafe condition exists and that replacement of
certain parts must be accomplished to ensure continued safety.
We have not changed the final rule in this regard.
Request To Provide Information for Maintaining Configuration
Continental recommends installing identification sleeves on the
wiring near the float switch connector at the auxiliary fuel tank.
Continental states that such identification sleeves would assist
operators in maintaining the configuration after the proposed actions
have been done. The commenter notes that, while the proposed AD changes
float switch wiring routing and conduit P/Ns, a maintenance person
could unintentionally change this configuration at some point in the
future. The commenter suggests that the sleeves be marked with a
cautionary message that refers to the service bulletin number or other
identifying number. The commenter states that similar identification
sleeves are used for the wiring installation for the isolated fuel
quantity transmitter on Model 737 airplanes.
We agree with the commenter's intent. But we do not agree that any
change is necessary. The design of the float switch, conduit, liner,
and wiring system will be listed as a critical design configuration
control limitation (CDCCL) for the fuel system on Model 737 series
airplanes. This will ensure that operators do not modify the fuel
system without appropriate design review. Boeing states that it will
also ensure that maintenance instructions will require that the conduit
liner be replaced with a new liner whenever the wiring is removed from
the float switch conduit for any reason.
Request To Revise Statement Regarding Parts
Continental requests that note (a) be removed from Section 2.C.,
``Parts Necessary for Each Airplane,'' of the service bulletin. The
commenter specifically objects to the instruction in note (a), ``Keep
the existing part if there are other uses for it.''
We infer that the commenter is concerned that an existing float
switch removed from the auxiliary fuel tank could be used again. We do
not agree that any change is necessary. Note (b) of the same section
states, ``You cannot use the existing part to replace the new or
changed part.'' This addresses the concern that the part could be
reinstalled in the affected area of an airplane subject to this AD. We
have not changed the AD in this regard.
Request To Provide for Removed Fuel Tanks
The Air Transport Association (ATA), on behalf of its member Delta
Airlines, states no objections to the proposed AD, but suggests adding
a statement that no action is required for airplanes that are included
in the applicability statement but that have had the auxiliary fuel
tank removed.
We acknowledge the commenter's suggestion, but do not agree that
any change is necessary. The applicability statement in paragraph (c)
of this AD already states that this AD applies to ``Boeing Model 737-
200, -300, and -400 series airplanes * * * equipped with auxiliary fuel
tanks.''
Request To Revise Costs of Compliance
Continental states that doing the actions in the Accomplishment
Instructions of the service bulletin took approximately 40 work hours
(20 elapsed hours) per airplane, excluding
[[Page 41115]]
the time needed to gain access and close up.
We infer that Continental is asking that we revise the Costs of
Compliance to reflect the work hours that it found were necessary. We
do not agree. We recognize that the time necessary to do the actions
required by an AD may vary somewhat from operator to operator. It is
not possible for us to account for all of the potential variances. The
estimate of 38 work hours specified in this AD is consistent with the
estimate specified in the service bulletin. We find no change is needed
in this regard.
Clarification of AD Requirements
As we noted previously, Revision 2 of the service bulletin adds a
new Part B, which describes procedures for adding environmental
protection to the splice and conduit. Revision 2 of the service
bulletin recommends that the actions in Part B be accomplished but does
not provide a compliance time for those actions. We find that the
actions specified in Part B are not necessary to address the unsafe
condition addressed by this AD. Thus, this AD requires accomplishing
only Part A of the service bulletin. We have revised paragraph (f) of
this AD accordingly. We also added Note 1 to this AD to clarify that
this AD does not require the actions in Part B.
Clarification of AMOC Paragraph
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
This AD will affect about 103 airplanes worldwide and 44 airplanes
of U.S. registry. The required actions will take about 38 work hours
per airplane, at an average labor rate of $65 per work hour. Required
parts will cost about $1,634 per airplane. Based on these figures, the
estimated cost of this AD for U.S. operators is $180,576, or $4,104 per
airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this 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):
2006-15-05 Boeing: Amendment 39-14685. Docket No. FAA-2005-20731;
Directorate Identifier 2004-NM-260-AD.
Effective Date
(a) This AD becomes effective August 24, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 737-200, -300, and -400
series airplanes, certificated in any category, equipped with
auxiliary fuel tanks.
Unsafe Condition
(d) This AD was prompted by reports of chafing of the direct-
current-powered float switch wiring insulation in the center fuel
tank. We are issuing this AD to prevent contamination of the fueling
float switch of the auxiliary fuel tank by moisture or fuel, and
chafing of the float switch wiring against the float switch conduit
in the fuel tank, which could present an ignition source inside the
fuel tank that could cause a fire or explosion.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Replacement
(f) Within 24 months after the effective date of this AD:
Replace the existing fueling float switch in the auxiliary fuel tank
with a new, improved fueling float switch, install a new liner
system inside the float switch conduit, and perform related
investigative and other specified actions, by doing all of the
actions in accordance with Part A of the Accomplishment Instructions
of Boeing Service Bulletin 737-28A1192, Revision 2, dated April 27,
2006.
Note 1: This AD does not require doing the actions in Part B of
the Accomplishment Instructions of Boeing Service Bulletin 737-
28A1192, Revision 2, dated April 27, 2006.
Parts Installation
(g) As of the effective date of this AD, no person may install a
fueling float switch having P/N F8300-146 on the auxiliary fuel tank
of any airplane.
Actions Accomplished Previously
(h) Replacements and conduit liner system installations
accomplished before the effective date of this AD in accordance with
Boeing Alert Service Bulletin 737-28A1192, dated March 27, 2003; or
Boeing Service Bulletin 737-28A1192, Revision 1, dated August 21,
2003; are acceptable for compliance with the requirements of this
AD.
[[Page 41116]]
Alternative Methods of Compliance (AMOCs)
(i)(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
(j) You must use Boeing Service Bulletin 737-28A1192, Revision
2, dated April 27, 2006, 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 July 7, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-11418 Filed 7-19-06; 8:45 am]
BILLING CODE 4910-13-P
