[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Rules and Regulations]
[Pages 64852-64853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24626]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-106-AD; Amendment 39-13855; AD 2004-22-27]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, and -900 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 737-600, -700, -700C, -800, and -900
series airplanes, that requires a general visual inspection for sealant
at the interface between the diagonal brace fitting and the aft
bulkhead and at the four bolts common to the interface. It also
requires applying sealant if none is present or if it is not
continuous. This action is necessary to prevent flammable fluid in the
upper or rear pylon areas from leaking past unsealed areas and onto a
hot engine nozzle, which could result in ignition of the fluid, causing
an undetected and uncontrollable fire to spread into the engine struts.
This action is intended to address the identified unsafe condition.
DATES: Effective December 14, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 14, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call (202) 741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Doug Pegors, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425) 917-6504; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: 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 737-600, -
700, -700C, -800, and -900 series airplanes was published in the
Federal Register on May 3, 2004 (69 FR 24101). That action proposed to
require a general visual inspection for sealant at the interface
between the diagonal brace fitting and the aft bulkhead and at the four
bolts common to the interface. It also proposed to require applying
sealant if none is present or if it is not continuous.
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.
Request To Extend Compliance Time
One commenter requests that the FAA extend the compliance time for
the general visual inspection from 18 months or 3,500 flight cycles,
whichever occurs first, to 24 months or 4,500 flight cycles, whichever
occurs first. The commenter states that access is common for the
proposed inspection and Boeing Maintenance Planning Document (MPD)
tasks 54-040-1 through 54-050-02, dated February 10, 2004, and that it
would be more cost efficient if the commenter could perform the
inspection and MPD tasks during the same maintenance visit, every 24
months.
We do not agree with the request to extend the compliance time. The
commenter provided no justification for the change other than for the
convenience of its maintenance program. In developing an appropriate
compliance time for this action, we considered the recommendation of
the manufacturer, urgency associated with the subject unsafe condition,
and the practical aspect of accomplishing the required inspection
within a period of time that corresponds to the normal scheduled
maintenance for most affected operators. However, under the provisions
of paragraph (c) of the final
[[Page 64853]]
rule, we may approve requests for adjustments to the compliance time if
data are submitted to substantiate that such an adjustment would
provide an acceptable level of safety.
Conclusion
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Clarification of Changes to the Final Rule
We have revised paragraph (a)(2) of the final rule and added new
paragraph (a)(3) to eliminate any possible ambiguity created by use of
the term ``and/or'' in the proposed AD.
Cost Impact
There are approximately 946 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 436 airplanes of U.S. registry
will be affected by this AD, that it will take approximately 2 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 $56,680, or
$130 per airplane.
The cost impact figure discussed above is 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. Manufacturer warranty remedies may be available
for labor costs associated with this AD. As a result, the costs
attributable to this AD may be less than stated above.
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 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:
2004-22-27 Boeing: Amendment 39-13855. Docket 2003-NM-106-AD.
Applicability: Model 737-600, -700, -700C, -800, and -900 series
airplanes, line numbers 1 through 946 inclusive; certificated in any
category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent flammable fluid in the upper or rear pylon areas from
leaking past unsealed areas and onto a hot engine nozzle, which
could result in ignition of the fluid, causing an undetected and
uncontrollable fire to spread into the engine struts; accomplish the
following:
Inspection of Sealant
(a) Within 18 months or 3,500 flight cycles after the effective
date of this AD, whichever occurs first: Perform a general visual
inspection for sealant at the interface of the diagonal brace
fitting and the aft bulkhead and at the four bolts common to the
interface, in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-54-1039, Revision 1,
dated October 10, 2002.
(1) If the findings of the general visual inspection are as
described in paragraphs (a)(1)(i) and (a)(1)(ii) of this AD, then no
further action is required by this AD.
(i) The seal is continuous or there is evidence of fay seal
sqeeze out present.
(ii) The bolts have evidence of sealant squeeze out or a cap
seal exists.
Application of Fillet Seal
(2) The seal is not continuous and there is no evidence of fay
seal squeeze out present, before further flight, fillet seal around
the interface of the diagonal brace fitting and the aft bulkhead, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-54-1039, Revision 1, dated October
10, 2002.
Application of Cap Seal
(3) If the bolts do not have evidence of sealant squeeze out and
no cap seal exists, before further flight, cap seal the four bolts
common to the interface, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-54-
1039, Revision 1, dated October 10, 2002.
Credit for Actions Accomplished per Previous Service Bulletin
(b) Actions accomplished before the effective date of this AD
per Boeing Special Attention Service Bulletin 737-54-1039, dated
June 13, 2002, are acceptable for compliance with the corresponding
actions of paragraph (a) of this AD.
Alternative Methods of Compliance (AMOC)
(c) In accordance with 14 CFR 39.19, the Manager, Seattle
Aircraft Certification Office, FAA, is authorized to approve AMOCs
for this AD.
Incorporation by Reference
(d) Unless otherwise specified in this AD, the actions shall be
done in accordance with Boeing Special Attention Service Bulletin
737-54-1039, Revision 1, dated October 10, 2002. 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 Airplanes, P.O. 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 National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Effective Date
(e) This amendment becomes effective on December 14, 2004.
Issued in Renton, Washington, on October 26, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-24626 Filed 11-8-04; 8:45 am]
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