Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes, 12094-12096 [E9-6217]
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12094
Proposed Rules
Federal Register
Vol. 74, No. 54
Monday, March 23, 2009
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28348; Directorate
Identifier 2007–NM–060–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–600, –700, –700C, –800, and
–900 Series Airplanes
dwashington3 on PROD1PC60 with PROPOSALS
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
SUMMARY: We are revising an earlier
proposed airworthiness directive (AD)
for certain Boeing Model 737–600, –700,
–700C, –800 and –900 series airplanes.
The original NPRM would have
required sealing the fasteners on the
front and rear spars inside the main fuel
tank and on the lower panel of the
center fuel tank, inspecting the wire
bundle support installation in the
equipment cooling system bays to
identify the type of clamp installed and
determine whether the Teflon sleeve is
installed, and doing related corrective
actions if necessary. We subsequently
issued a supplemental NPRM to revise
the compliance time for the corrective
actions specified in the original NPRM.
This action resulted from a design
review of fuel tank systems. This second
supplemental revises the original NPRM
by clarifying the applicability of certain
actions for certain airplanes. We are
proposing this second supplemental
NPRM to prevent arcing at certain fuel
tank fasteners in the event of a lightning
strike or fault current event, which, in
combination with flammable fuel
vapors, could result in a fuel tank
explosion and consequent loss of the
airplane.
We must receive comments on
this supplemental NPRM by April 17,
2009.
DATES:
VerDate Nov<24>2008
15:23 Mar 20, 2009
Jkt 217001
You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this proposed AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, Washington 98124–
2207; telephone 206–544–5000,
extension 1; fax 206–766–5680; e-mail
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com. You
may review copies of the referenced
service information at the FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington.
For information on the availability of
this material at the FAA, call 425–227–
1221 or 425–227–1152.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Samuel Spitzer, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6510; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2007–28348; Directorate Identifier
2007–NM–060–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
We issued a supplemental notice of
proposed rulemaking (NPRM) (the ‘‘first
supplemental NPRM’’) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to
certain Boeing Model 737–600, –700,
–700C, –800 and –900 series airplanes.
The first supplemental NPRM was
published in the Federal Register on
January 2, 2008 (73 FR 73). That first
supplemental NPRM proposed to
require sealing the fasteners on the front
and rear spars inside the main fuel tank
and on the lower panel of the center fuel
tank, inspecting the wire bundle
support installation in the equipment
cooling system bays to identify the type
of clamp installed and determine
whether the Teflon sleeve is installed,
and doing related corrective actions if
necessary.
Actions Since Supplemental NPRM
Was Issued
Since we issued the first
supplemental NPRM, Boeing has
revised Boeing Alert Service Bulletin
737–57A1279, dated January 24, 2007,
(which we referred to as the appropriate
source of service information in the first
supplemental NPRM), because certain
airplanes were assigned to an incorrect
group number. Additional work is
necessary for the mis-assigned
airplanes. The additional work includes
sealing the fuel tank fastener and
general visual inspections of the wire
bundle support installation, as
applicable. We have reviewed Boeing
Alert Service Bulletin 737–57A1279,
Revision 1, dated September 25, 2008
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Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules
(‘‘Revision 1 of the service bulletin’’).
Revision 1 of the service bulletin
includes a change to the service bulletin
effectivity as well as changes to the
access instructions for the Krueger flap
operation.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comment received.
Request for More Detailed Information
in Airplane Maintenance Manuals
(AMMs)
Continental Airlines (CAL) is
concerned that not enough attention has
been given in the proposed AD to
ensure that the specific detailed
inspections are preserved for the longterm operation of the CAL fleet. CAL
notes that the AMM includes only
generic information. CAL states that
including information detailed by the
airplane’s production drawings must be
available in manuals that are routinely
used by maintenance personnel.
Including this information will prevent
inadvertent reversal of the design
configuration that can lead to creating
potential ignition sources.
We infer that CAL would like us to
revise the first supplemental NPRM to
include an action to revise maintenance
documents that are routinely used by
maintenance personnel. We partially
agree. We agree that ensuring that the
requirements of the proposed AD are
maintained throughout the life of the
airplane maintains the required level of
safety for this design. We disagree with
delaying the issuance of the AD while
the manufacturer works through its
processes to develop revisions to the
maintenance documents. We have
determined that an unsafe condition
exists and that the actions proposed in
this second supplemental NPRM must
be mandated in a timely fashion to
ensure continued operational safety. If
the revised maintenance documents are
available and approved, we might
consider further rulemaking at that time.
In addition, we note that as a result
of CAL’s comment, we have initiated
discussions with Boeing about
including more detail in the Instructions
for Continued Airworthiness (ICA) to
ensure that the proposed requirements
are maintained throughout the life of the
airplane. We have not changed the
supplemental NPRM regarding this
issue.
Explanation of Additional Change
We have added a new paragraph (d)
to this second supplemental NPRM to
identify the Air Transport Association
(ATA) of America code for the unsafe
condition. We have re-lettered
subsequent paragraphs accordingly.
FAA’s Determination and Proposed
Requirements of the Supplemental
NPRM
We are proposing this supplemental
NPRM because we evaluated all
pertinent information and determined
an unsafe condition exists and is likely
to exist or develop on other products of
the same type design. Certain changes
described above expand the scope of the
original NPRM. As a result, we have
determined that it is necessary to reopen
the comment period to provide
additional opportunity for the public to
comment on this second supplemental
NPRM.
Costs of Compliance
There are about 1,754 airplanes of the
affected design in the worldwide fleet;
of these, 645 airplanes are U.S.
registered. The following table provides
the estimated costs for U.S. operators to
comply with this second supplemental
NPRM, at an average hourly labor rate
of $80.
ESTIMATED COSTS
Action
Group
Sealant application ...............................................................
1
2
3
1
2
3
Inspection .............................................................................
dwashington3 on PROD1PC60 with PROPOSALS
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
VerDate Nov<24>2008
15:23 Mar 20, 2009
Jkt 217001
Work hours
62
28
28
4
4
2
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
Cost per
airplane
Number of
U.S.-registered
airplanes
$4,960
2,240
2,240
320
320
160
586
44
15
586
44
15
Fleet cost
$2,906,560
98,560
33,600
187,520
14,080
2,400
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979), and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
You can find our regulatory
evaluation and the estimated costs of
compliance in the AD Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
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12096
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Boeing: Docket No. FAA–2007–28348;
Directorate Identifier 2007–NM–060–AD.
Comments Due Date
(a) We must receive comments by April 17,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 737–600,
–700, –700C, –800 and –900 series airplanes,
certificated in any category; as identified in
Boeing Alert Service Bulletin 737–57A1279,
Revision 1, dated September 25, 2008.
Subject
(d) Air Transport Association (ATA) of
America Code 57: Wings.
Unsafe Condition
(e) This AD results from a design review
of the fuel tank systems. The Federal
Aviation Administration is issuing this AD to
prevent arcing at certain fuel tank fasteners
in the event of a lightning strike or fault
current event, which, in combination with
flammable fuel vapors, could result in a fuel
tank explosion and consequent loss of the
airplane.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
dwashington3 on PROD1PC60 with PROPOSALS
Fastener Sealant
(g) Within 60 months after the effective
date of this AD: Seal the fasteners on the
front and rear spars inside the main fuel tank
and on the lower panel of the center fuel
tank, as applicable, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–57A1279, Revision 1,
dated September 25, 2008.
Inspection
(h) Within 60 months after the effective
date of this AD: Perform a general visual
inspection of the wire bundle support
installation in the equipment cooling system
bays to identify the type of clamp installed,
and determine whether the Teflon sleeve is
installed. Do these actions in accordance
with the Accomplishment Instructions of
Boeing Alert Service Bulletin 737–57A1279,
Revision 1, dated September 25, 2008 (‘‘the
service bulletin’’). Do all applicable
corrective actions before further flight in
accordance with the service bulletin.
VerDate Nov<24>2008
15:23 Mar 20, 2009
Jkt 217001
Actions Accomplished Previously
(i) Actions done before the effective date of
this AD in accordance with Boeing Alert
Service Bulletin 737–57A1279, dated January
24, 2007, are acceptable for compliance with
the corresponding requirements of this AD
only for the following line numbers (L/Ns):
LNs 1 through 570 inclusive, and L/Ns 1692
through 1754 inclusive.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. Send information to Attn: Samuel
Spitzer, Aerospace Engineer, Propulsion
Branch, ANM–140S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356; telephone
(425) 917–6510; fax (425) 917–6590.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, in the FAA Flight Standards
District Office (FSDO), or lacking a principal
inspector, your local FSDO. The AMOC
approval letter must specifically reference
this AD.
Issued in Renton, Washington, on March
10, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–6217 Filed 3–20–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0226; Directorate
Identifier 2007–SW–35–AD]
RIN 2120–AA64
Airworthiness Directives; Agusta
S.p.A. Model A109E, A109S, A119, and
AW119MKII Helicopters
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for Agusta
S.p.A. (Agusta) Model A109E, A109S,
A119, and AW119MKII helicopters.
This proposed AD results from
mandatory continuing airworthiness
information (MCAI) originated by an
aviation authority of another country to
identify and correct an unsafe condition
on an aviation product. The European
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
Aviation Safety Agency (EASA), the
Technical Agent for the aviation
authority of Italy, with which we have
a bilateral agreement, has issued an
MCAI AD which states that two cases of
cracks on a certain cargo hook lever
(lever) have been reported by the
manufacturer of the cargo hook. This
lever is a critical structural component
of the cargo hook, and a crack could
result in inadvertent loss of the cargo
hook load. The proposed AD would
require actions that are intended to
address the unsafe condition caused by
cracks in the cargo hook lever.
DATES: We must receive comments on
this proposed AD by April 22, 2009.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
You may get the service information
identified in this proposed AD from
Agusta, Via Giovanni Agusta, 520 21017
Cascina Costa di Samarate (VA), Italy,
telephone 39 0331–229111, fax 39
0331–229605/222595, or at https://
customersupport.agusta.com/
technical_advice.php.
EXAMINING THE DOCKET: You may
examine the AD docket on the Internet
at https://www.regulations.gov or in
person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this proposed
AD, the economic evaluation, any
comments received, and other
information. The street address for the
Docket Operations office (telephone
(800) 647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: John
Strasburger, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations
and Policy Group, 2601 Meacham Blvd.,
Fort Worth, Texas 76137; telephone
(817) 222–5167; fax (817) 222–5961.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
E:\FR\FM\23MRP1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Proposed Rules]
[Pages 12094-12096]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6217]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 /
Proposed Rules
[[Page 12094]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28348; Directorate Identifier 2007-NM-060-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, and -900 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Boeing Model 737-600, -700, -700C, -800 and -900
series airplanes. The original NPRM would have required sealing the
fasteners on the front and rear spars inside the main fuel tank and on
the lower panel of the center fuel tank, inspecting the wire bundle
support installation in the equipment cooling system bays to identify
the type of clamp installed and determine whether the Teflon sleeve is
installed, and doing related corrective actions if necessary. We
subsequently issued a supplemental NPRM to revise the compliance time
for the corrective actions specified in the original NPRM. This action
resulted from a design review of fuel tank systems. This second
supplemental revises the original NPRM by clarifying the applicability
of certain actions for certain airplanes. We are proposing this second
supplemental NPRM to prevent arcing at certain fuel tank fasteners in
the event of a lightning strike or fault current event, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
DATES: We must receive comments on this supplemental NPRM by April 17,
2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call 425-227-1221 or
425-227-1152.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone 800-647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Samuel Spitzer, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6510; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
28348; Directorate Identifier 2007-NM-060-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We issued a supplemental notice of proposed rulemaking (NPRM) (the
``first supplemental NPRM'') to amend 14 CFR part 39 to include an
airworthiness directive (AD) that would apply to certain Boeing Model
737-600, -700, -700C, -800 and -900 series airplanes. The first
supplemental NPRM was published in the Federal Register on January 2,
2008 (73 FR 73). That first supplemental NPRM proposed to require
sealing the fasteners on the front and rear spars inside the main fuel
tank and on the lower panel of the center fuel tank, inspecting the
wire bundle support installation in the equipment cooling system bays
to identify the type of clamp installed and determine whether the
Teflon sleeve is installed, and doing related corrective actions if
necessary.
Actions Since Supplemental NPRM Was Issued
Since we issued the first supplemental NPRM, Boeing has revised
Boeing Alert Service Bulletin 737-57A1279, dated January 24, 2007,
(which we referred to as the appropriate source of service information
in the first supplemental NPRM), because certain airplanes were
assigned to an incorrect group number. Additional work is necessary for
the mis-assigned airplanes. The additional work includes sealing the
fuel tank fastener and general visual inspections of the wire bundle
support installation, as applicable. We have reviewed Boeing Alert
Service Bulletin 737-57A1279, Revision 1, dated September 25, 2008
[[Page 12095]]
(``Revision 1 of the service bulletin''). Revision 1 of the service
bulletin includes a change to the service bulletin effectivity as well
as changes to the access instructions for the Krueger flap operation.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received.
Request for More Detailed Information in Airplane Maintenance Manuals
(AMMs)
Continental Airlines (CAL) is concerned that not enough attention
has been given in the proposed AD to ensure that the specific detailed
inspections are preserved for the long-term operation of the CAL fleet.
CAL notes that the AMM includes only generic information. CAL states
that including information detailed by the airplane's production
drawings must be available in manuals that are routinely used by
maintenance personnel. Including this information will prevent
inadvertent reversal of the design configuration that can lead to
creating potential ignition sources.
We infer that CAL would like us to revise the first supplemental
NPRM to include an action to revise maintenance documents that are
routinely used by maintenance personnel. We partially agree. We agree
that ensuring that the requirements of the proposed AD are maintained
throughout the life of the airplane maintains the required level of
safety for this design. We disagree with delaying the issuance of the
AD while the manufacturer works through its processes to develop
revisions to the maintenance documents. We have determined that an
unsafe condition exists and that the actions proposed in this second
supplemental NPRM must be mandated in a timely fashion to ensure
continued operational safety. If the revised maintenance documents are
available and approved, we might consider further rulemaking at that
time.
In addition, we note that as a result of CAL's comment, we have
initiated discussions with Boeing about including more detail in the
Instructions for Continued Airworthiness (ICA) to ensure that the
proposed requirements are maintained throughout the life of the
airplane. We have not changed the supplemental NPRM regarding this
issue.
Explanation of Additional Change
We have added a new paragraph (d) to this second supplemental NPRM
to identify the Air Transport Association (ATA) of America code for the
unsafe condition. We have re-lettered subsequent paragraphs
accordingly.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
We are proposing this supplemental NPRM because we evaluated all
pertinent information and determined an unsafe condition exists and is
likely to exist or develop on other products of the same type design.
Certain changes described above expand the scope of the original NPRM.
As a result, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for the public to
comment on this second supplemental NPRM.
Costs of Compliance
There are about 1,754 airplanes of the affected design in the
worldwide fleet; of these, 645 airplanes are U.S. registered. The
following table provides the estimated costs for U.S. operators to
comply with this second supplemental NPRM, at an average hourly labor
rate of $80.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Group Work hours Cost per registered Fleet cost
airplane airplanes
----------------------------------------------------------------------------------------------------------------
Sealant application............. 1 62 $4,960 586 $2,906,560
2 28 2,240 44 98,560
3 28 2,240 15 33,600
Inspection...................... 1 4 320 586 187,520
2 4 320 44 14,080
3 2 160 15 2,400
----------------------------------------------------------------------------------------------------------------
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 determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866,
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator,
[[Page 12096]]
the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Boeing: Docket No. FAA-2007-28348; Directorate Identifier 2007-NM-
060-AD.
Comments Due Date
(a) We must receive comments by April 17, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 737-600, -700, -700C, -800 and -900
series airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin 737-57A1279, Revision 1, dated
September 25, 2008.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Unsafe Condition
(e) This AD results from a design review of the fuel tank
systems. The Federal Aviation Administration is issuing this AD to
prevent arcing at certain fuel tank fasteners in the event of a
lightning strike or fault current event, which, in combination with
flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Fastener Sealant
(g) Within 60 months after the effective date of this AD: Seal
the fasteners on the front and rear spars inside the main fuel tank
and on the lower panel of the center fuel tank, as applicable, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-57A1279, Revision 1, dated September 25, 2008.
Inspection
(h) Within 60 months after the effective date of this AD:
Perform a general visual inspection of the wire bundle support
installation in the equipment cooling system bays to identify the
type of clamp installed, and determine whether the Teflon sleeve is
installed. Do these actions in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-57A1279, Revision
1, dated September 25, 2008 (``the service bulletin''). Do all
applicable corrective actions before further flight in accordance
with the service bulletin.
Actions Accomplished Previously
(i) Actions done before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 737-57A1279, dated
January 24, 2007, are acceptable for compliance with the
corresponding requirements of this AD only for the following line
numbers (L/Ns): LNs 1 through 570 inclusive, and L/Ns 1692 through
1754 inclusive.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
Attn: Samuel Spitzer, Aerospace Engineer, Propulsion Branch, ANM-
140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue,
SW., Renton, Washington 98057-3356; telephone (425) 917-6510; fax
(425) 917-6590.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, in the FAA
Flight Standards District Office (FSDO), or lacking a principal
inspector, your local FSDO. The AMOC approval letter must
specifically reference this AD.
Issued in Renton, Washington, on March 10, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-6217 Filed 3-20-09; 8:45 am]
BILLING CODE 4910-13-P
