[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Rules and Regulations]
[Pages 75397-75399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31853]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-422-AD; Amendment 39-13405; AD 2003-26-08]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 737-100, -200, -200C, -300, -400, 
and -500 series airplanes, that requires replacing the existing 
pressure relief valve on the potable water tank with a new, improved 
pressure relief valve, which is made of stainless steel and is non-
adjustable. For certain airplanes, this AD also requires modification 
of certain piping to re-locate the pressure relief valve. This action 
is necessary to prevent rupture of the potable water tank during flight 
of the airplane, which could result in structural damage to the

[[Page 75398]]

airplane and its inability to sustain flight loads. This action is 
intended to address the identified unsafe condition.

DATES: Effective February 4, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 4, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, PO Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Don Eiford, Aerospace Engineer, Cabin 
Safety and Environmental Systems Branch, ANM-150S, FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6465; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes was published as a 
supplemental Notice of Proposed Rulemaking in the Federal Register on 
June 23, 2003 (68 FR 37105). That action proposed to require replacing 
the existing pressure relief valve on the potable water tank with a 
new, improved pressure relief valve, which is made of stainless steel 
and is non-adjustable. For certain airplanes, that action also proposed 
to require modification of certain piping to re-locate the pressure 
relief valve. For certain airplanes, that action proposed to revise the 
earlier proposed AD by correcting procedures for performing the 
proposed replacement of the pressure relief valve.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Agreement With Proposed AD

    Two commenters agree with the proposed AD.

Request for Acceptable Method of Compliance

    One commenter requests that Revision 1 of Boeing Service Bulletin 
737-38A1047, dated September 27, 2001, be approved as an acceptable 
method of compliance for the terminating action requirements of the 
proposed AD. The commenter notes that Revision 2 of the service 
bulletin states that no more work is necessary on airplanes changed per 
Revision 1.
    The FAA agrees. We have determined that the work instructions that 
depict the piping and fittings adjacent to the new relief valve are 
slightly different between Revision 2 and Revision 1 of Boeing Service 
Bulletin 737-38A1047. We acknowledge that the figures are similar 
enough to each other that an operator would correctly install the new 
relief valve per either Revision 1 or Revision 2 of the service 
bulletin. Consequently, we have revised paragraph (d) of the final rule 
to remove the qualifying phrase, ``With the exception of airplanes 
specified as `Group 9' or `Group 10' in Boeing Service Bulletin 737-
38A1047, Revision 2, dated July 18, 2002.'' Such revision of paragraph 
(d) will permit, for all airplanes, accomplishment of the actions 
specified in service bulletins issued prior to Revision 2 to be 
considered as an acceptable means of compliance with paragraph (d) of 
the final rule. However, Revision 2 was specified in paragraphs (a)(2), 
(b), and (c) of the proposed AD because it more accurately reflects the 
airplane installation than previous revisions, and those paragraphs 
remain unchanged in the final rule.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 2,049 Model 737-100, -200, -200C, -300, -
400, and -500 series airplanes of the affected design in the worldwide 
fleet.
    We estimate that, of the 1,144 airplanes of U.S. registry, only 2 
airplanes will be affected by the required modification of piping to 
re-locate the pressure relief valve. We estimate that it will take 
approximately 6 work hours per airplane to accomplish the required 
actions, and that the average labor rate is $65 per work hour. Based on 
these figures, the cost impact of the AD on U.S. operators is estimated 
to be $780, or $390 per airplane.
    We also estimate that all of the 1,144 airplanes of U.S. registry 
will be affected by the required replacement of the pressure relief 
valve, that it will take approximately 2 work hours per airplane to 
accomplish the replacement, and that the average labor rate is $65 per 
work hour. Required parts will cost approximately $300 per airplane. 
Based on these figures, the cost impact of the replacement of the 
pressure relief valve on U.S. operators is estimated to be $491,920, or 
$430 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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

[[Page 75399]]

under the criteria of the Regulatory Flexibility Act. A final 
evaluation has been prepared for this action and it is contained in the 
Rules Docket. A copy of it may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-26-08 Boeing: Amendment 39-13405. Docket 2000-NM-422-AD

    .Applicability: Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes; line numbers 1 through 2696 inclusive; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent rupture of the potable water tank during flight of 
the airplane, which could result in structural damage to the 
airplane and its inability to sustain flight loads, accomplish the 
following:

Modification and Replacement

    (a) For those airplanes listed in the effectivity section of 
Boeing Service Bulletin 737-38-1029, Revision 1, dated August 19, 
1993, on which the modification of the potable water pressurization 
system specified in the service bulletin has not been accomplished: 
Within 18 months after the effective date of this AD, except as 
specified in paragraph (d) of this AD, perform the requirements of 
paragraphs (a)(1) and (a)(2) of this AD.
    (1) Except as specified in paragraphs (a)(1)(i) and (a)(1)(ii) 
of this AD, modify the potable water pressurization system; in 
accordance with Boeing Service Bulletin 737-38-1029, dated June 6, 
1991; or Revision 1, dated August 19, 1993.
    (i) Do not reinstall the existing pressure relief valve having 
part number (P/N) 520A6DB50.
    (ii) Do not perform the leak test procedures specified in the 
service bulletin.
    (2) Install a new pressure relief valve having P/N RV05-362, in 
accordance with Boeing Service Bulletin 737-38A1047, Revision 2, 
dated July 18, 2002.
    (b) For those airplanes listed in the effectivity section of 
Boeing Service Bulletin 737-38-1029, dated June 6, 1991; or Revision 
1, dated August 19, 1993; on which the modification of the potable 
water pressurization system specified in that service bulletin has 
been accomplished: Within 18 months after the effective date of this 
AD, remove the existing pressure relief valve from the potable water 
tank, and replace the valve with a new pressure relief valve having 
P/N RV05-362; in accordance with Boeing Service Bulletin 737-
38A1047, Revision 2, dated July 18, 2002.
    (c) For all other airplanes having line numbers 1 through 2523 
inclusive: Within 18 months after the effective date of this AD 
unless previously accomplished, remove the existing pressure relief 
valve from the potable water tank, and replace the valve with a new 
pressure relief valve having P/N RV05-362, in accordance with Boeing 
Service Bulletin 737-38A1047, Revision 2, dated July 18, 2002.

Acceptable Compliance With Certain Paragraphs

    (d) Installation of a new pressure relief valve having P/N RV05-
362, in accordance with Boeing Service Bulletin 737-38A1047, dated 
November 9, 2000; or Revision 1, dated September 27, 2001; is 
acceptable for compliance with paragraph (a)(2), (b), or (c) of this 
AD.

Replacement of Pressure Relief Valve for Certain Airplanes

    (e) For airplanes having line numbers 2524 through 2696 
inclusive: Within 18 months after the effective date of this AD, 
remove the existing pressure relief valve from the potable water 
tank and replace the valve with a new pressure relief valve having 
P/N RV05-362, in accordance with Boeing Service Bulletin 737-
38A1038, Revision 2, dated September 25, 1997.

Acceptable for Compliance With Paragraph (e)

    (f) For those airplanes having line numbers 2527 through 2696 
inclusive and having air compressors installed in the potable water 
tank pressurization system: Removal of the existing pressure relief 
valve from the potable water tank and replacement of the valve with 
a new pressure relief valve having P/N RV05-362, in accordance with 
Boeing Service Bulletin 737-38A1038, dated December 1, 1994; or 
Revision 1, dated February 2, 1995; is acceptable for compliance 
with the requirements of paragraph (e) of this AD.

Part Installation

    (g) As of the effective date of this AD, no person may install a 
pressure relief valve having P/N 520A6DB50, 520A6DB60, or D524TP6D60 
on any airplane.

Alternative Methods of Compliance

    (h) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance for this AD.

Incorporation by Reference

    (i) Unless otherwise specified in this AD, the actions shall be 
done in accordance with the service bulletins listed in Table 1 of 
this AD, as applicable:

                                     Table 1.--Applicable Service Bulletins
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        Boeing service bulletin--                   Revision--                            Date--
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737-38-1029..............................  original....................  June 6, 1991
737-38-1029..............................  Revision 1..................  August 19, 1993
737-38A1038..............................  original....................  December 1, 1994
737-38A1038..............................  Revision 1..................  February 2, 1995
737-38A1038..............................  Revision 2..................  September 25, 1997
737-38A1047..............................  Revision 2..................  July 18, 2002
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    This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from Boeing Commercial Airplane 
Group, PO Box 3707, Seattle, Washington 98124-2207. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (j) This amendment becomes effective on February 4, 2004.

    Issued in Renton, Washington, on December 19, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-31853 Filed 12-30-03; 8:45 am]
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