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Federal Register / Vol. 70, No.

220 / Wednesday, November 16, 2005 / Rules and Regulations 69423

DEPARTMENT OF TRANSPORTATION the plaza level of the Nassif Building at rulemaking actions, however, typically
the street address stated in the does not include costs such as the time
Federal Aviation Administration ADDRESSES section. required to gain access and close up,
time necessary for planning, or time
14 CFR Part 39 Discussion
necessitated by other administrative
The FAA issued a notice of proposed actions. Those incidental costs may vary
[Docket No. FAA–2005–21714; Directorate
Identifier 2005–NM–065–AD; Amendment
rulemaking (NPRM) to amend 14 CFR significantly among operators and are
39–14374; AD 2005–23–16] part 39 to include an AD that would almost impossible to calculate. We
apply to certain Boeing Model 737–600, recognize that, in doing the actions
RIN 2120–AA64 –700, –700C, –800, and –900 series required by an AD, operators may incur
airplanes. That NPRM was published in incidental costs in addition to the direct
Airworthiness Directives; Boeing the Federal Register on July 5, 2005 (70 costs. However, the estimate of 4 work
Model 737–600, –700, –700C, –800, and FR 38636). That NPRM proposed to hours, as proposed and as specified in
–900 Series Airplanes require modification of certain wire this AD, represents the time necessary
AGENCY: Federal Aviation bundles located above the center fuel to perform only the actions actually
Administration (FAA), Department of tank. required by this AD. We have not
Transportation (DOT). Comments changed the AD in this regard.
ACTION: Final rule.
We provided the public the Clarification of Alternative Method of
SUMMARY: The FAA is adopting a new opportunity to participate in the Compliance (AMOC) Paragraph
airworthiness directive (AD) for certain development of this AD. We have We have changed this AD to clarify
Boeing Model 737–600, –700, –700C, considered the comments received. the appropriate procedure for notifying
–800, and –900 series airplanes. This Request for Clarification of Correct the principal inspector before using any
AD requires modification of certain wire Type of Material for Lacing Tape approved AMOC on any airplane to
bundles located above the center fuel which the AMOC applies.
tank. This AD results from fuel system One commenter states that the service
bulletin referenced in the NPRM Conclusion
reviews conducted by the manufacturer.
We are issuing this AD to prevent identifies an incorrect type of material We have carefully reviewed the
chafed wire bundles near the center fuel for the lacing tape used to tie the subject available data, including the comments
tank, which could cause electrical wire bundles. The commenter reiterates received, and determined that air safety
arcing through the tank wall and the information in the service bulletin and the public interest require adopting
ignition of fuel vapor in the fuel tank, and notes that the material identified the AD with the changes described
and result in a fuel tank explosion. therein does not exist. The commenter previously. We have determined that
asks for clarification of the correct type these changes will neither increase the
DATES: This AD becomes effective
of material for the lacing tape. economic burden on any operator nor
December 21, 2005.
We agree with the commenter that increase the scope of the AD.
The Director of the Federal Register
clarification is necessary. This AD now
approved the incorporation by reference Costs of Compliance
identifies the correct type of material for
of a certain publication listed in the AD
the lacing tape for which an incorrect There are about 1,636 airplanes of the
as of December 21, 2005.
material was specified in the service affected design in the worldwide fleet.
ADDRESSES: You may examine the AD bulletin. Lacing tape part number (P/N) This AD affects about 650 airplanes of
docket on the Internet at http:// BMS 13–54, having Type I, Class 2, U.S. registry. The modification takes
dms.dot.gov or in person at the Docket Finish C, Grade D, shown in sheet 3 of about 4 work hours per airplane, at an
Management Facility, U.S. Department Figures 5 and 6 of the Accomplishment average labor rate of $65 per work hour.
of Transportation, 400 Seventh Street Instructions of the service bulletin, does Required parts cost about $1,446 per
SW., Nassif Building, room PL–401, not exist; the correct material is BMS airplane. Based on these figures, the
Washington, DC. 13–54, having Type II, Class 1, Finish D/ estimated cost of the AD for U.S.
Contact Boeing Commercial C, Grade D, white or Type III, Class 1, operators is $1,108,900, or $1,706 per
Airplanes, P.O. Box 3707, Seattle, Finish C, Grade D, white, any size. The airplane.
Washington 98124–2207, for service manufacturer is aware of this
information identified in this AD. Authority for This Rulemaking
discrepancy, agrees with the change,
FOR FURTHER INFORMATION CONTACT: and has issued Boeing Information Title 49 of the United States Code
Binh Tran, Aerospace Engineer, Systems Notice (IN) 737–28–1209 IN 01, dated specifies the FAA’s authority to issue
and Equipment Branch, ANM–130S, July 28, 2005, to inform operators of the rules on aviation safety. Subtitle I,
FAA, Seattle Aircraft Certification error. We have included this Section 106, describes the authority of
Office, 1601 Lind Avenue, SW., Renton, information in paragraph (f) of this AD. the FAA Administrator. Subtitle VII,
Washington 98055–4056; telephone Aviation Programs, describes in more
(425) 917–6485; fax (425) 917–6590. Request To Increase Work Hours detail the scope of the Agency’s
SUPPLEMENTARY INFORMATION: One commenter asks that the work authority.
hours specified to accomplish the We are issuing this rulemaking under
Examining the Docket modification be increased. The the authority described in Subtitle VII,
You may examine the airworthiness commenter states that the referenced Part A, Subpart III, Section 44701,
directive (AD) docket on the Internet at service bulletin shows the work hours ‘‘General requirements.’’ Under that
http://dms.dot.gov or in person at the necessary as 40, but the NPRM specifies section, Congress charges the FAA with
Docket Management Facility office only 4 work hours. promoting safe flight of civil aircraft in
between 9 a.m. and 5 p.m., Monday We do not agree. The estimate of 40 air commerce by prescribing regulations
through Friday, except Federal holidays. work hours specified in the service for practices, methods, and procedures
The Docket Management Facility office bulletin includes time for gaining access the Administrator finds necessary for
(telephone (800) 647–5227) is located on and closing up. The cost analysis in AD safety in air commerce. This regulation

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69424 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations

is within the scope of that authority airplanes; certificated in any category; as Issued in Renton, Washington, on
because it addresses an unsafe condition identified in Boeing Service Bulletin 737–28– November 7, 2005.
that is likely to exist or develop on 1209, dated February 17, 2005. Kalene C. Yanamura,
products identified in this rulemaking Unsafe Condition Acting Manager, Transport Airplane
action. Directorate, Aircraft Certification Service.
(d) This AD was prompted by the results
of fuel system reviews conducted by the [FR Doc. 05–22593 Filed 11–15–05; 8:45 am]
Regulatory Findings
manufacturer. We are issuing this AD to BILLING CODE 4910–13–P
We have determined that this AD will prevent chafed wire bundles near the center
not have federalism implications under fuel tank, which could cause electrical arcing
Executive Order 13132. This AD will through the tank wall and ignition of fuel DEPARTMENT OF TRANSPORTATION
not have a substantial direct effect on vapor in the fuel tank, and result in a fuel
the States, on the relationship between tank explosion. Federal Aviation Administration
the national government and the States, Compliance
or on the distribution of power and 14 CFR Part 39
(e) You are responsible for having the
responsibilities among the various actions required by this AD performed within [Docket No. FAA–2004–19539; Directorate
levels of government. the compliance times specified, unless the Identifier 2004–NM–06–AD; Amendment 39–
For the reasons discussed above, I actions have already been done. 14375; AD 2005–23–17]
certify that this AD:
Modification RIN 2120–AA64
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866; (f) Within 60 months after the effective Airworthiness Directives; Boeing
(2) Is not a ‘‘significant rule’’ under date of this AD: Modify the wire bundles
Model 737 Airplanes
DOT Regulatory Policies and Procedures located below the passenger compartment,
(44 FR 11034, February 26, 1979); and above the center fuel tank, aft of station AGENCY: Federal Aviation
(3) Will not have a significant (STA) 540 through STA 601 inclusive, at Administration (FAA), Department of
economic impact, positive or negative, right buttock line and left buttock line 24.82 Transportation (DOT).
on a substantial number of small entities in accordance with the Accomplishment
ACTION: Final rule.
Instructions of Boeing Service Bulletin 737–
under the criteria of the Regulatory
28–1209, dated February 17, 2005. Lacing SUMMARY: The FAA is adopting a new
Flexibility Act. tape part number (P/N) BMS 13–54, having
We prepared a regulatory evaluation airworthiness directive (AD) for certain
Type I, Class 2, Finish C, Grade D, shown in
of the estimated costs to comply with Boeing Model 737 airplanes. This AD
sheet 3 of Figures 5 and 6 of the
this AD and placed it in the AD docket. Accomplishment Instructions of the service requires, for certain airplanes, a one-
See the ADDRESSES section for a location bulletin, does not exist; the correct material time detailed inspection for interference
to examine the regulatory evaluation. is BMS 13–54, having Type II, Class 1, Finish between a clamp assembly and the
D/C, Grade D, white, or Type III, Class 1, wires behind the P15 refuel panel, and
List of Subjects in 14 CFR Part 39 Finish C, Grade D, white, any size. corrective actions if necessary. For
Air transportation, Aircraft, Aviation Alternative Methods of Compliance
certain other airplanes, this AD requires
safety, Incorporation by reference, (AMOCs) a one-time detailed inspection for
Safety. discrepancies of the wires behind the
(g)(1) The Manager, Seattle Aircraft
P15 refuel panel; and corrective and
Adoption of the Amendment Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in related investigative actions if
■ Accordingly, under the authority accordance with the procedures found in 14 necessary. This AD is prompted by
delegated to me by the Administrator, CFR 39.19. evidence of chafed wiring behind the
the FAA amends 14 CFR part 39 as (2) Before using any AMOC approved in P15 refuel panel and arcing to the back
follows: accordance with 14 CFR 39.19 on any of the P15 refuel panel and adjacent
airplane to which the AMOC applies, notify wing structure. We are issuing this AD
PART 39—AIRWORTHINESS the appropriate principal inspector in the to detect and correct chafing of the
DIRECTIVES FAA Flight Standards Certificate Holding wiring behind the P15 refuel panel,
District Office. which could lead to arcing and fire with
■ 1. The authority citation for part 39
Material Incorporated by Reference consequent airplane damage and injury
continues to read as follows:
(h) You must use Boeing Service Bulletin to refueling personnel.
Authority: 49 U.S.C. 106(g), 40113, 44701. 737–28–1209, dated February 17, 2005, to DATES: This AD becomes effective
§ 39.13 [Amended] perform the actions that are required by this December 21, 2005.
AD, unless the AD specifies otherwise. The The incorporation by reference of
■ 2. The Federal Aviation Director of the Federal Register approved the certain publications listed in the AD is
Administration (FAA) amends § 39.13 incorporation by reference of this document approved by the Director of the Federal
by adding the following new in accordance with 5 U.S.C. 552(a) and 1 CFR Register as of December 21, 2005.
airworthiness directive (AD): part 51. Contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, ADDRESSES: You may examine the AD
2005–23–16 Boeing: Amendment 39–14374. docket on the Internet at http://
Docket No. FAA–2005–21714; Washington 98124–2207, for a copy of this
service information. You may review copies dms.dot.gov or in person at the Docket
Directorate Identifier 2005–NM–065–AD.
at the Docket Management Facility, U.S. Management Facility, U.S. Department
Effective Date Department of Transportation, 400 Seventh of Transportation, 400 Seventh Street
(a) This AD becomes effective December Street, SW., room PL–401, Nassif Building, SW., Nassif Building, room PL–401,
21, 2005. Washington, DC; on the Internet at http:// Washington, DC.
dms.dot.gov; or at the National Archives and Contact Boeing Commercial
Affected ADs Records Administration (NARA). For Airplanes, P.O. Box 3707, Seattle,
(b) None. information on the availability of this
material at the NARA, call (202) 741–6030,
Washington 98124–2207, for service
Applicability or go to http://www.archives.gov/ information identified in this AD.
(c) This AD applies to Boeing Model 737– federal_register/code_of_federal_regulations/ FOR FURTHER INFORMATION CONTACT:
600, –700, –700C, –800, and –900 series ibr_locations.html. Sherry Vevea, Aerospace Engineer,

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