[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Rules and Regulations]
[Pages 28419-28420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9659]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19531; Directorate Identifier 2004-NM-45-AD; 
Amendment 39-14088; AD 2005-10-11]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all Boeing Model 737-300, -400, and -500 series 
airplanes. That AD currently requires repetitive inspections of certain 
connectors located in the main wheel well to detect discrepancies, and 
corrective action if necessary. This new AD instead mandates a 
modification. This AD is prompted by the development of a modification 
intended to address the unsafe condition. We are issuing this AD to 
prevent discrepancies of certain connectors located in the main wheel 
well. Those discrepancies could result in electrical arcing of the 
connectors, uncommanded closure of the engine fuel shut-off valves, and 
consequent in-flight loss of thrust or engine shutdown from lack of 
fuel.

DATES: This AD becomes effective June 22, 2005.
    The incorporation by reference of a certain publication, as listed 
in the AD, is approved by the Director of the Federal Register as of 
June 22, 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-2004-19531; the directorate 
identifier for this docket is 2004-NM-45-AD.

FOR FURTHER INFORMATION CONTACT: Stephen Oshiro, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6480; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) with an AD to supersede 
AD 2001-14-06, amendment 39-12316 (66 FR 36445, July 12, 2001). The 
existing AD applies to all Boeing Model 737-300, -400, and -500 series 
airplanes. The proposed AD was published in the Federal Register on 
November 5, 2004 (69 FR 64539), to mandate a modification of the 
electrical connectors located in the main wheel well.

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. One commenter, the airplane manufacturer, 
concurs with the contents of the proposed AD.

Request to Change Preamble

    One commenter states that the wrong AD number is referenced in the 
``Differences Between Proposed AD and Service Bulletin'' section in the 
preamble of the proposed AD. The commenter notes that AD 2001-14-16 was 
referenced, but the correct AD number is AD 2001-14-06.
    We acknowledge and agree with the commenter's remarks, in that 
there was a typographical error in the referenced section of the 
preamble of the proposed AD; however, that section is not restated in 
this final rule.

Observation on Costs of Compliance Section

    One commenter states that the modification identified in Boeing 
Special Attention Service Bulletin 737-28-1196, Revision 3, dated April 
1, 2004 (referenced as the appropriate source of service information 
for accomplishing the proposed modification), has been accomplished on 
all of its Model 737-300 and -500 series airplanes. The commenter adds 
that the Accomplishment Instructions in the service bulletin specify 
approximately 15 man hours or 10 elapsed hours per airplane (including 
the operational tests) for accomplishing the modification, which is the 
amount of time the commenter used to accomplish the modification. The 
commenter does not provide a specific request.

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 1,974 Model 737-300, -400, and -500 airplanes 
worldwide of the affected design. This AD affects about 755 airplanes 
of U.S. registry.
    The new modification (including the operational tests) takes about 
9 work hours per airplane, at an average labor rate of $65 per work 
hour. Required parts cost is minimal. Based on these figures, the 
estimated cost of the modification specified in this AD for U.S. 
operators is $441,675, or $585 per airplane.

[[Page 28420]]

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. 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 removing amendment 39-12316 (66 FR 
36445, July 12, 2001) and by adding the following new airworthiness 
directive (AD):

2005-10-11 Boeing: Amendment 39-14088. Docket No. FAA-2004-19531; 
Directorate Identifier 2004-NM-45-AD.

Effective Date

    (a) This AD becomes effective June 22, 2005.

Affected ADs

    (b) This AD supersedes AD 2001-14-06, amendment 39-12316.

Applicability

    (c) This AD applies to all Boeing Model 737-300, -400, and -500 
series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by the development of a modification 
intended to address the unsafe condition. We are issuing this AD to 
detect and correct discrepancies of certain connectors located in 
the main wheel well. Those discrepancies could result in electrical 
arcing of the connectors, uncommanded closure of the engine fuel 
shut-off valves, and consequent in-flight loss of thrust or engine 
shutdown from lack of fuel.

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.

Modification

    (f) At the applicable time specified in paragraph (f)(1) or 
(f)(2) of this AD: Modify the electrical connectors located in the 
main wheel well by doing all the actions in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 737-28-1196, Revision 3, dated April 1, 2004. Any 
corrective action must be done before further flight in accordance 
with the service bulletin.
    (1) For airplanes on which no inspection required by AD 2001-14-
06 has been done as of the effective date of this AD: Accomplish the 
modification within 12 months after the effective date of this AD.
    (2) For airplanes on which any inspection required by AD 2001-
14-06 has been done as of the effective date of this AD: Accomplish 
the modification at the later of the times specified in paragraph 
(f)(2)(i) or (f)(2)(ii) of this AD.
    (i) Within 18 months after accomplishing the last inspection.
    (ii) Within 6 months after the effective date of this AD.

Modifications Done Using Previous Issues of the Service Bulletin

    (g) Modifications done before the effective date of this AD in 
accordance with Boeing Special Attention Service Bulletin 737-28-
1196, dated December 5, 2002; Revision 1, dated March 13, 2003; or 
Revision 2, dated August 21, 2003; are considered acceptable for 
compliance with paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 2001-14-06, amendment 39-12316, are approved as 
AMOCs for this AD.

Material Incorporated by Reference

    (i) You must use Boeing Special Attention Service Bulletin 737-
28-1196, Revision 3, dated April 1, 2004, 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 this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. To get copies of the service information, contact 
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 (NARA). 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 May 9, 2005.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-9659 Filed 5-17-05; 8:45 am]
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