[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Rules and Regulations]
[Pages 20275-20276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7685]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19810; Directorate Identifier 2004-NM-119-AD; 
Amendment 39-14062; AD 2005-08-10]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-600, -700, and -800 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 737-600, -700, and -800 series airplanes. This AD 
requires doing a general visual inspection for sealant at the interface 
of the upper spar fittings, strut side skins, and the fittings of the 
thrust reverser strut fairing on the engine struts; and applying an 
injection seal or silicone sponge rubber with fillet seal if necessary. 
This AD is prompted by a report that an injection seal in the engine 
strut area may not have been properly completed or installed during 
production. We are issuing this AD to prevent flammable fluid (such as 
fuel or hydraulic fluid) from leaking onto a hot engine exhaust nozzle 
or into the engine core fire zone, and consequently causing an 
uncontrolled fire or explosion.

DATES: This AD becomes effective May 24, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of May 
24, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://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 U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19810; the directorate 
identifier for this docket is 2004-NM-119-AD.

FOR FURTHER INFORMATION CONTACT: Doug Pegors, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6504; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR Part 39 
with an AD for certain Boeing Model 737-600, -700, and -800 series 
airplanes. That action, published in the Federal Register on December 
14, 2004 (69 FR 74465), proposed to require doing a general visual 
inspection for sealant at the interface of the upper spar fittings, 
strut side skins, and the fittings of the thrust reverser strut fairing 
on the engine struts; and applying an injection seal or silicone sponge 
rubber with fillet seal if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD. Three commenters support the proposed AD.

Request for Shortening the Compliance Time

    A commenter supports the proposed AD, but requests that the 
compliance time of 18 months or 3,500 flight cycles be shortened. The 
commenter suggests that, due to the low cost of modifying an airplane, 
short repair time, and the potential severity of a failure, the 
compliance time is too long.
    We do not agree with the commenter's suggestion. In developing an 
appropriate compliance time, we considered the safety implications and 
normal maintenance schedules for timely accomplishment of the required 
inspection and repair. Further, we arrived at the compliance time with 
operator and manufacturer concurrence. In consideration of all of these 
factors, we determined that the compliance time, represents an 
appropriate interval in which the engine nacelle struts can be 
inspected, and repaired if required, in a timely manner within the 
fleet, while still maintaining an adequate level of safety. Operators 
are always permitted to accomplish the requirements of an AD at a time 
earlier than the specified compliance time. If additional data are 
presented that would justify a shorter compliance time, we may consider 
further rulemaking on this issue.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    There are about 257 airplanes worldwide of the affected design. 
This AD will affect about 99 airplanes of U.S. registry. The inspection 
will take about 2 work hours per airplane, at an average labor rate of 
$65 per work hour. Based on these figures, the estimated cost of the AD 
for U.S. operators is $12,870, or $130 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

[[Page 20276]]

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. 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 FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-08-10 Boeing: Amendment 39-14062. Docket No. FAA-2004-19810; 
Directorate Identifier 2004-NM-119-AD.

Effective Date

    (a) This AD becomes effective May 24, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, and -800 
series airplanes, as identified in Boeing Special Attention Service 
Bulletin 737-54-1040, Revision 1, dated August 14, 2003; 
certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report that an injection seal in 
the engine strut area may not have been properly completed or 
installed during production. We are issuing this AD to prevent 
flammable fluid (such as fuel or hydraulic fluid) from leaking onto 
a hot engine exhaust nozzle or into the engine core fire zone, and 
consequently causing an uncontrolled fire or explosion.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection and Corrective Action

    (f) Within 18 months or 3,500 flight cycles after the effective 
date of this AD, whichever occurs first: Do a general visual 
inspection for sealant at the interface of the upper spar fittings, 
strut side skins, and the fittings of the thrust reverser strut 
fairing on the engine struts, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 737-54-
1040, dated November 14, 2002; or Revision 1, dated August 14, 2003.
    (1) If the injection seal is found to properly seal the entire 
gap, no further action is required by this AD.
    (2) If the injection seal is not found to properly seal the 
entire gap or if the injection seal is found to be missing, before 
further flight, apply an injection seal or silicone sponge rubber 
with fillet seal in accordance with the Accomplishment Instructions 
of the service bulletin.

Alternative Methods of Compliance (AMOCs)

    (g) 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.

Material Incorporated by Reference

    (h) You must use Boeing Special Attention Service Bulletin 737-
54-1040, dated November 14, 2002; or Boeing Special Attention 
Service Bulletin 737-54-1040, Revision 1, dated August 14, 2003; to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approves 
the incorporation by reference of these documents in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. To get copies of the service 
information, go to Boeing Commercial Airplanes, P.O. Box 3707, 
Seattle, Washington 98124-2207. To view the AD docket, go to the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC. To 
review copies of the service information, go to the National 
Archives and Records Administration. For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on April 11, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-7685 Filed 4-18-05; 8:45 am]
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