[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Rules and Regulations]
[Pages 36486-36488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12315]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19567; Directorate Identifier 2004-NM-118-AD; 
Amendment 39-14152; AD 2005-13-15]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-200, -200C, -300, -
400, -500, -600, -700, -700C, -800, and -900 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 737-200, -200C, -300, -400, -500, -600, -700, -
700C, -800, and -900 series airplanes. This AD requires a one-time 
detailed inspection for discrepancies of the secondary fuel vapor 
barrier of the wing center section, and related investigative/
corrective actions if necessary. This AD is prompted by reports that 
the secondary fuel vapor barrier was not applied correctly to, or was 
missing from, certain areas of the wing center section. We are issuing 
this AD to prevent fuel or fuel vapors from leaking into the cargo or 
passenger compartments and coming into contact with a possible ignition 
source, which could result in fire or explosion.

DATES: This AD becomes effective July 29, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of July 
29, 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 Docket No. FAA-2004-19567; the 
directorate identifier for this docket is 2004-NM-118-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 737-200, -200C, -300, -400, -500, -
600, -700, -700C, -800, and -900 series airplanes. That action, 
published in the Federal Register on November 10, 2004 (69 FR 65099), 
proposed to require a one-time detailed inspection for discrepancies of 
the secondary fuel vapor barrier of the wing center section, and 
related investigative/corrective actions 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.

Agreement With Proposed AD

    One commenter, an operator, agrees with the proposed AD.

Request for Alternative Procedure

    One commenter, an operator, requests that a note be added to 
paragraph (g) of the AD to allow the use of Boeing 737 Nondestructive 
Testing (NDT) Manual, Part 6, Section 53-30-27, paragraph 3, for 
determining vapor barrier thickness. The commenter contends that using 
this method for determining vapor barrier thickness provides an 
inspection procedure equivalent to that called out in Boeing Special 
Attention Service Bulletin 737-57-1261, dated February 27, 2003, and 
will allow operators to avoid any need for special tooling.
    We do not agree. We have reviewed the specified section of the NDT 
manual and found that it does not adequately

[[Page 36487]]

describe an inspection procedure that is equivalent to that described 
in the service bulletin. However, we infer from the comment that the 
operator is proposing the use of an alternate tool for measuring 
coating thickness. Boeing Special Attention Service Bulletin 737-57-
1261, dated February 27, 2003, page 40, paragraph F., note (a), states 
that the isoscope with the probe listed in paragraph F. is only one 
example of a nonconductive coating thickness gage (NCCTG) that may be 
used and that any NCCTG is acceptable as long as it has a thickness 
range from 0.001 to 0.045 inch. We have confirmed with the manufacturer 
that the service bulletin clearly states the requirements for the 
tooling required to measure the thickness of the vapor barrier and no 
additional guidance is required. We have not changed the final rule in 
this regard.

Request for Extended Compliance Time

    One commenter, an operator, requests that the compliance time be 
extended from 48 to 72 months. The commenter states that, assuming an 
effective date for the AD of January 2005, it has 15 aircraft that will 
not be scheduled for C check maintenance within the proposed 48-month 
compliance time. The commenter believes that this out-of-phase 
maintenance would result in financial hardship; therefore, the 
commenter would like to see the compliance time extended as requested.
    We do not agree. In developing an appropriate compliance time for 
this action, we considered the urgency associated with the subject 
unsafe condition and the practical aspect of accomplishing the required 
modification within a period of time that corresponds to the normal 
scheduled maintenance for most affected operators. However, under the 
provisions of paragraph (i) of the final rule, we may approve requests 
for adjustments to the compliance time if data are submitted with the 
requests to substantiate that such adjustments would provide acceptable 
levels of safety. We have not changed the final rule in this regard.

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

    This AD will affect about 1,521 airplanes of U.S. registry. There 
are about 3,861 airplanes of the affected design in the worldwide 
fleet. We estimate the average labor rate to be $65 per work hour. We 
estimate that it will take the number of work hours shown in the 
following table to accomplish the actions for each airplane. Parts and 
materials are standard and are to be supplied by the operator. Based on 
these figures, the cost impact of the AD is estimated to range between 
$325 and $910 per airplane.

                          Estimated Work Hours
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                                                     Airplane     Work
          Affected airplanes as listed in             group      hours
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Boeing Special Attention Service Bulletin 737-57-           1         14
 1250, Revision 1, dated September 4, 2003........          2         12
                                                            3          5
Boeing Special Attention Service Bulletin 737-57-           1         14
 1261, dated February 27, 2003....................          2          7
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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 adding the following new airworthiness 
directive (AD):

2005-13-15 Boeing: Amendment 39-14152. Docket No. FAA-2004-19567; 
Directorate Identifier 2004-NM-118-AD.

Effective Date

    (a) This AD becomes effective July 29, 2005.

Affected ADs

    (b) None.

[[Page 36488]]

Applicability

    (c) This AD applies to the airplanes listed in Table 1 of this 
AD, certificated in any category:

                         Table 1.--Applicability
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                 Model                             Line numbers
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737-200, -200C, -300, -400, and -500     311 through 3132 inclusive.
 series airplanes.
737-600, -700, -700C, -800, and -900     1 through 1088 inclusive and
 series airplanes.                        1090 through 1134 inclusive.
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Unsafe Condition

    (d) This AD is prompted by reports that the secondary fuel vapor 
barrier was not applied correctly to, or was missing from, certain 
areas of the wing center section. We are issuing this AD to prevent 
fuel or fuel vapors from leaking into the cargo or passenger 
compartments and coming into contact with a possible ignition 
source, which could result in 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.

Service Bulletin References

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model 737-200, -200C, -300, -400, and -500 series 
airplanes: Boeing Special Attention Service Bulletin 737-57-1261, 
dated February 27, 2003; and
    (2) For Model 737-600, -700, -700C, -800, and -900 series 
airplanes: Boeing Special Attention Service Bulletin 737-57-1250, 
Revision 1, dated September 4, 2003.

Inspection

    (g) Within 48 months after the effective date of this AD, do a 
one-time detailed inspection for discrepancies of the secondary fuel 
vapor barrier of the wing center section; and if discrepancies 
exist, before further flight, do any applicable related 
investigative/corrective actions in accordance with the 
Accomplishment Instructions of the applicable service bulletin.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive visual examination of a specific structural area, 
system, installation, or assembly to detect damage, failure, or 
irregularity. Available lighting is normally supplemented with a 
direct source of good lighting at intensity deemed appropriate by 
the inspector. Inspection aids such as mirror, magnifying lenses, 
etc., may be used. Surface cleaning and elaborate access procedures 
may be required.''

Actions Accomplished per Previous Issue of Service Bulletin

    (h) Actions accomplished before the effective date of this AD in 
accordance with Boeing Special Attention Service Bulletin 737-57-
1250, dated February 7, 2002, are considered acceptable for 
compliance with the corresponding actions specified in paragraph (g) 
of this AD.

Alternative Methods of Compliance (AMOCs)

    (i) 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.

Material Incorporated by Reference

    (j) You must use Boeing Special Attention Service Bulletin 737-
57-1261, dated February 27, 2003; or Boeing Special Attention 
Service Bulletin 737-57-1250, Revision 1, dated September 4, 2003; 
as applicable; 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. For 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.
    For information on the availability of this material at the 
National Archives and Records Administration (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 June 10, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12315 Filed 6-23-05; 8:45 am]
BILLING CODE 4910-13-P