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Federal Register / Vol. 70, No.

30 / Tuesday, February 15, 2005 / Proposed Rules 7697

type design. Therefore, we are For the reasons discussed above, I Airplane Flight Manual (AFM) Revision
proposing this AD, which would require certify that the proposed regulation: (f) Within 30 days after the effective date
revising the airplane flight manual 1. Is not a ‘‘significant regulatory of this AD, revise the Limitations section of
(AFM) to include limitations on action’’ under Executive Order 12866; the AFM to contain the following
operating the fuel pumps for the 2. Is not a ‘‘significant rule’’ under the information. This may be done by inserting
auxiliary fuel tank. DOT Regulatory Policies and Procedures a copy of this AD in the AFM.
In developing an appropriate (44 FR 11034, February 26, 1979); and
Auxiliary Tank Fuel Pumps
compliance time for this AD, we 3. Will not have a significant
economic impact, positive or negative, Auxiliary tank fuel pump switches must
considered the manufacturer’s not be positioned ‘ON’ unless the auxiliary
recommendation, the degree of urgency on a substantial number of small entities
under the criteria of the Regulatory tank(s) contain fuel. Auxiliary tank(s) fuel
associated with the subject unsafe pumps must not be ‘ON’ unless personnel are
condition, and the average utilization of Flexibility Act. available in the flight deck to monitor low
We prepared a regulatory evaluation pressure lights.
the affected fleet. In light of all of these
of the estimated costs to comply with When established in a level attitude at
factors, we find that a 30-day
this proposed AD. See the ADDRESSES cruise, if the auxiliary tank(s) contain usable
compliance time represents an
section for a location to examine the fuel and the auxiliary tank(s) switches are
appropriate interval of time for affected
regulatory evaluation. ‘OFF,’ the auxiliary tank(s) pump switches
airplanes to continue to operate without should be positioned ‘ON’ again.
compromising safety. List of Subjects in 14 CFR Part 39 Each auxiliary tank fuel pump switch must
Costs of Compliance Air transportation, Aircraft, Aviation be positioned ‘OFF’ without delay when the
safety, Safety. respective auxiliary tank fuel pump low
There are about 300 airplanes of the pressure light illuminates.’’
affected design in the worldwide fleet. The Proposed Amendment Note 1: When text identical to that in
This proposed AD would affect about Accordingly, under the authority paragraph (f) of this AD has been included
200 airplanes of U.S. registry. The delegated to me by the Administrator, in the general revisions of the AFM, the
proposed AFM revision would take the FAA proposes to amend 14 CFR part general revisions may be inserted into the
about 1 work hour per airplane, at an 39 as follows: AFM, and the copy of this AD may be
average labor rate of $65 per work hour. removed from the AFM.
Based on these figures, the estimated PART 39—AIRWORTHINESS Alternative Methods of Compliance
cost of the proposed AD for U.S. DIRECTIVES (AMOCs)
operators is $13,000, or $65 per 1. The authority citation for part 39 (g) The Manager, Seattle Aircraft
airplane. continues to read as follows: Certification Office, FAA, has the authority to
Authority for This Rulemaking approve AMOCs for this AD, if requested in
Authority: 49 U.S.C. 106(g), 40113, 44701.
accordance with the procedures found in 14
Title 49 of the United States Code § 39.13 [Amended] CFR 39.19.
specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding Issued in Renton, Washington, on February
rules on aviation safety. Subtitle I, the following new airworthiness 6, 2005.
Section 106, describes the authority of directive (AD): Ali Bahrami,
the FAA Administrator. Subtitle VII, Manager, Transport Airplane Directorate,
Boeing: Docket No. FAA–2005–20355;
Aviation Programs, describes in more Aircraft Certification Service.
Directorate Identifier 2004–NM–198–AD.
detail the scope of the Agency’s [FR Doc. 05–2835 Filed 2–14–05; 8:45 am]
authority. Comments Due Date
BILLING CODE 4910–13–P
We are issuing this rulemaking under (a) The Federal Aviation Administration
the authority described in Subtitle VII, (FAA) must receive comments on this AD
Part A, Subpart III, Section 44701, action by April 1, 2005.
DEPARTMENT OF TRANSPORTATION
‘‘General requirements.’’ Under that Affected ADs
section, Congress charges the FAA with (b) None. Federal Aviation Administration
promoting safe flight of civil aircraft in
air commerce by prescribing regulations Applicability 14 CFR Part 39
for practices, methods, and procedures (c) This AD applies to Boeing Model 727,
727C, 727–100, 727–100C, 727–200, and [Docket No. FAA–2005–20354; Directorate
the Administrator finds necessary for Identifier 2004–NM–166–AD]
727–200F series airplanes; certificated in any
safety in air commerce. This regulation category; equipped with an auxiliary fuel
is within the scope of that authority RIN 2120–AA64
tank having a fuel pump installed.
because it addresses an unsafe condition
Unsafe Condition Airworthiness Directives; Boeing
that is likely to exist or develop on
(d) This AD was prompted by a design Model 737–100, –200, –200C, –300,
products identified in this rulemaking
review of the fuel pump installation, which –400, and –500, Series Airplanes
action.
revealed a potential unsafe condition related
Regulatory Findings to the auxiliary fuel tank(s). We are issuing
AGENCY: Federal Aviation
this AD to prevent dry operation of the fuel Administration (FAA), Department of
We have determined that this pumps for the auxiliary fuel tank, which Transportation (DOT).
proposed AD would not have federalism could create a potential ignition source ACTION: Notice of proposed rulemaking
implications under Executive Order inside the auxiliary fuel tank that could (NPRM).
13132. This proposed AD would not result in a fire or explosion of the auxiliary
have a substantial direct effect on the fuel tank. SUMMARY: The FAA proposes to adopt a
States, on the relationship between the Compliance new airworthiness directive (AD) for all
national Government and the States, or (e) You are responsible for having the Boeing Model 737–100, –200, –200C,
on the distribution of power and actions required by this AD performed within –300, –400, and –500 series airplanes.
responsibilities among the various the compliance times specified, unless the This proposed AD would require an
levels of government. actions have already been done. inspection for chafing of certain wire

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7698 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules

bundles located above the center fuel regulatory, economic, environmental, requirement applies to type design
tank, corrective actions if necessary, and and energy aspects of the proposed AD. holders for large turbine-powered
replacement of wire bundle clamps with We will consider all comments transport airplanes and for subsequent
new clamps. This proposed AD is submitted by the closing date and may modifications to those airplanes. It
prompted by the results of fuel system amend the proposed AD in light of those requires them to perform design reviews
reviews conducted by the manufacturer. comments. and to develop design changes and
We are proposing this AD to prevent We will post all comments we maintenance procedures if their designs
chafed wire bundles near the center fuel receive, without change, to http:// do not meet the new fuel tank safety
tank, which could cause electrical dms.dot.gov, including any personal standards. As explained in the preamble
arcing through the tank wall and information you provide. We will also to the rule, we intended to adopt
ignition of fuel vapor in the fuel tank, post a report summarizing each airworthiness directives to mandate any
and result in a fuel tank explosion. substantive verbal contact with FAA changes found necessary to address
DATES: We must receive comments on personnel concerning this proposed AD. unsafe conditions identified as a result
this proposed AD by April 1, 2005. Using the search function of that of these reviews.
website, anyone can find and read the In evaluating these design reviews, we
ADDRESSES: Use one of the following
comments in any of our dockets, have established four criteria intended
addresses to submit comments on this
including the name of the individual to define the unsafe conditions
proposed AD.
who sent the comment (or signed the associated with fuel tank systems that
• DOT Docket web site: Go to
comment on behalf of an association, require corrective actions. The
http://dms.dot.gov and follow the
business, labor union, etc.). You can percentage of operating time during
instructions for sending your comments
review DOT’s complete Privacy Act which fuel tanks are exposed to
electronically.
Statement in the Federal Register flammable conditions is one of these
• Government-wide rulemaking web
published on April 11, 2000 (65 FR criteria. The other three criteria address
site: Go to http://www.regulations.gov
19477–78), or you can visit http:// the failure types under evaluation:
and follow the instructions for sending
dms.dot.gov. single failures, single failures in
your comments electronically.
combination with another latent
• Mail: Docket Management Facility, Examining the Docket
condition(s), and in-service failure
U.S. Department of Transportation, 400 You can examine the AD docket on experience. For all four criteria, the
Seventh Street SW, Nassif Building, the Internet at http://dms.dot.gov, or in evaluations included consideration of
room PL–401, Washington, DC 20590. person at the Docket Management previous actions taken that may mitigate
• By fax: (202) 493–2251. Facility office between 9 a.m. and 5 the need for further action.
• Hand Delivery: Room PL–401 on p.m., Monday through Friday, except Based on this process, we have
the plaza level of the Nassif Building, Federal holidays. The Docket determined that the actions identified in
400 Seventh Street SW, Washington, Management Facility office (telephone this proposed AD are necessary to
DC, between 9 a.m. and 5 p.m., Monday (800) 647–5227) is located on the plaza reduce the potential of ignition sources
through Friday, except Federal holidays. level of the Nassif Building at the DOT near fuel tanks, which, in combination
For service information identified in street address stated in the ADDRESSES with flammable fuel vapors, could result
this proposed AD, contact Boeing section. Comments will be available in in fuel tank explosions and consequent
Commercial Airplanes, P.O. Box 3707, the AD docket shortly after the DMS loss of the airplane.
Seattle, Washington 98124–2207. receives them. A Boeing and FAA team inspected
You can examine the contents of this several 737 airplanes as part of the
AD docket on the Internet at http:// Discussion SFAR 88 system safety analysis. The
dms.dot.gov, or in person at the Docket We have examined the underlying team identified wire bundles in close
Management Facility, U.S. Department safety issues involved in recent fuel proximity of the center fuel tank. The
of Transportation, 400 Seventh Street tank explosions on several large wire bundles were located below the
SW., room PL–401, on the plaza level of transport airplanes, including the passenger compartment, above the
the Nassif Building, Washington, DC. adequacy of existing regulations, the center fuel tank, aft of station 540 at
This docket number is FAA–2005– service history of airplanes subject to right buttock line (RBL) and left buttock
20354; the directorate identifier for this those regulations, and existing line (LBL) 24.50. Although no chafing
docket is 2004–NM–166–AD. maintenance practices for fuel tank was found on these wire bundles, if
FOR FURTHER INFORMATION CONTACT: systems. As a result of those findings, these wire bundles chafe, they could arc
Binh Tran, Aerospace Engineer, Systems we issued a regulation titled ‘‘Transport through the center fuel tank wall, which
and Equipment Branch, ANM–130S, Airplane Fuel Tank System Design could result in a fuel tank explosion.
FAA, Seattle Aircraft Certification Review, Flammability Reduction and
Office, 1601 Lind Avenue, SW., Renton, Maintenance and Inspection Relevant Service Information
Washington 98055–4056; telephone Requirements’’ (67 FR 23086, May 7, We have reviewed Boeing Service
(425) 917–6485; fax (425) 917–6590. 2001). In addition to new airworthiness Bulletin 737–28–1208, dated July 8,
SUPPLEMENTARY INFORMATION: standards for transport airplanes and 2004. For all airplane groups, as
new maintenance requirements, this specified in the service bulletin, the
Comments Invited rule included Special Federal Aviation service bulletin describes procedures for
We invite you to submit any relevant Regulation No. 88 (‘‘SFAR 88,’’ inspecting for chafed wire bundles
written data, views, or arguments Amendment 21–78, and subsequent located below the passenger
regarding this proposed AD. Send your Amendments 21–82 and 21–83). compartment, above the center fuel
comments to an address listed under Among other actions, SFAR 88 tank, aft of station 540 to approximately
ADDRESSES. Include ‘‘Docket No. FAA– requires certain type design (i.e., type station 663.75, at RBL and LBL 24.50,
2005–20354; Directorate Identifier certificate (TC) and supplemental type and corrective actions. Depending on
2004–NM–166–AD’’ in the subject line certificate (STC)) holders to substantiate the airplane group, the corrective
of your comments. We specifically that their fuel tank systems can prevent actions include repairing any wire
invite comments on the overall ignition sources in the fuel tanks. This damage in accordance with chapter 20–

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Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules 7699

10–13 of the Boeing Standard Wiring the service information described Airplane Maintenance Manual or an
Practices Manual (BSWPM) or an previously, except as discussed under approved equivalent procedure may be
‘‘approved equivalent procedure.’’ For ‘‘Difference Between the Proposed AD used for removing and re-installing
all airplane groups, the service bulletin and Service Bulletin.’’ passenger cabin furnishings, and
also includes procedures for replacing removing and returning power to the
Difference Between the Proposed AD
the wire bundle clamps located airplane, an approved equivalent
and Service Bulletin
immediately aft of station 540. For procedure may be used.
certain airplane groups, the service For Group 1 airplanes, as specified in
bulletin includes procedures for Boeing Service Bulletin 737–28–1208, Clarification of Inspection Terminology
adjusting a certain wire bundle clamp. the service bulletin states that operators
Accomplishing the actions specified in may repair wire damage according to In this proposed AD, the ‘‘inspection’’
the service information is intended to either chapter 20–10–13 of the BSWPM specified in the Boeing service bulletin
adequately address the unsafe or an approved equivalent procedure. is referred to as a ‘‘detailed inspection.’’
condition. This proposed AD would require We have included the definition for a
operators to accomplish the repair of detailed inspection in a note in the
FAA’s Determination and Requirements any wire damage according to the proposed AD.
of the Proposed AD procedures in the BSWPM. An
We have evaluated all pertinent approved equivalent procedure for the Costs of Compliance
information and identified an unsafe repair of wire damage may be used only This proposed AD would affect about
condition that is likely to exist or if approved as an alternative method of 2,871 airplanes worldwide. The
develop on other airplanes of this same compliance under the provisions of following table provides the estimated
type design. Therefore, we are paragraph (h) of this proposed AD. costs for U.S. operators to comply with
proposing this AD, which would require Where the service bulletin states that
this proposed AD.
accomplishing the actions specified in a specific chapter of the Boeing 737

ESTIMATED COSTS
Number of
Average labor Cost per
Action Work hours Parts U.S.-registered Fleet cost
rate per hour airplane airplanes

Inspection ................................................. 2 $65 None $130 1042 $135,460


Replacement of wire bundle clamps ....... 2 65 $190 320 1042 333,440

Authority for This Rulemaking responsibilities among the various Authority: 49 U.S.C. 106(g), 40113, 44701.
Title 49 of the United States Code levels of government.
§ 39.13 [Amended]
specifies the FAA’s authority to issue For the reasons discussed above, I
rules on aviation safety. Subtitle I, certify that the proposed regulation: 2. The FAA amends § 39.13 by adding
Section 106, describes the authority of 1. Is not a ‘‘significant regulatory the following new airworthiness
the FAA Administrator. Subtitle VII, action’’ under Executive Order 12866; directive (AD):
Aviation Programs, describes in more 2. Is not a ‘‘significant rule’’ under the Boeing: Docket No. FAA–2005–20354;
detail the scope of the Agency’s DOT Regulatory Policies and Procedures Directorate Identifier 2004–NM–166–AD.
authority. (44 FR 11034, February 26, 1979); and
3. Will not have a significant Comments Due Date
We are issuing this rulemaking under
economic impact, positive or negative, (a) The Federal Aviation Administration
the authority described in Subtitle VII, (FAA) must receive comments on this AD
Part A, Subpart III, Section 44701, on a substantial number of small entities
under the criteria of the Regulatory action by April 1, 2005.
‘‘General requirements.’’ Under that
section, Congress charges the FAA with Flexibility Act. Affected ADs
promoting safe flight of civil aircraft in We prepared a regulatory evaluation (b) None.
air commerce by prescribing regulations of the estimated costs to comply with
this proposed AD. See the ADDRESSES Applicability
for practices, methods, and procedures
the Administrator finds necessary for section for a location to examine the (c) This AD applies to all Boeing Model
regulatory evaluation. 737–100, –200, –200C, –300, –400, and –500
safety in air commerce. This regulation
series airplanes, certificated in any category.
is within the scope of that authority List of Subjects in 14 CFR Part 39
because it addresses an unsafe condition Unsafe Condition
that is likely to exist or develop on Air transportation, Aircraft, Aviation
(d) This AD was prompted by the results
products identified in this rulemaking safety, Safety. of fuel system reviews conducted by the
action. The Proposed Amendment manufacturer. We are issuing this AD to
prevent chafed wire bundles near the center
Regulatory Findings Accordingly, under the authority fuel tank, which could cause electrical arcing
We have determined that this delegated to me by the Administrator, through the tank wall and ignition of fuel
proposed AD would not have federalism the FAA proposes to amend 14 CFR part vapor in the fuel tank, and result in a fuel
implications under Executive Order 39 as follows: tank explosion.
13132. This proposed AD would not PART 39—AIRWORTHINESS Compliance
have a substantial direct effect on the DIRECTIVES (e) You are responsible for having the
States, on the relationship between the actions required by this AD performed within
national Government and the States, or 1. The authority citation for part 39 the compliance times specified, unless the
on the distribution of power and continues to read as follows: actions have already been done.

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7700 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules

Inspection of Wire Bundles and Corrective DEPARTMENT OF TRANSPORTATION This docket number is FAA–2005–
Actions 20379; the directorate identifier for this
(f) Within 60 months after the effective Federal Aviation Administration docket is 2004–NM–174–AD.
date of this AD: Perform a detailed inspection FOR FURTHER INFORMATION CONTACT: Dan
for chafing of the wire bundles located below 14 CFR Part 39 Rodina, Aerospace Engineer,
the passenger compartment, above the center [Docket No. FAA–2005–20379; Directorate International Branch, ANM–116, FAA,
fuel tank, aft of station 540 to approximately Identifier 2004–NM–174–AD] Transport Airplane Directorate, 1601
station 663.75, right buttock line and left Lind Avenue, SW., Renton, Washington
buttock line 24.50, and any applicable RIN 2120–AA64 98055–4056; telephone (425) 227–2125;
corrective actions, by accomplishing all of
Airworthiness Directives; Airbus Model fax (425) 227–1149.
the applicable actions specified in the SUPPLEMENTARY INFORMATION:
A310 Series Airplanes
Accomplishment Instructions of Boeing
Service Bulletin 737–28–1208, dated July 8, AGENCY: Federal Aviation Comments Invited
2004. Any corrective actions must be done Administration (FAA), Department of We invite you to submit any relevant
before further flight. Where the service Transportation (DOT). written data, views, or arguments
bulletin states that repair of wire damage may ACTION: Notice of proposed rulemaking regarding this proposed AD. Send your
be done in accordance with an ‘‘approved (NPRM). comments to an address listed under
equivalent procedure,’’ the repair must be ADDRESSES. Include ‘‘Docket No. FAA–
accomplished according to the chapter of the SUMMARY: The FAA proposes to adopt a 2005–20379; Directorate Identifier
Boeing Standard Wiring Practices Manual new airworthiness directive (AD) for all 2004–NM–174–AD’’ at the beginning of
specified in the service bulletin. Approved Airbus Model A310 series airplanes. your comments. We specifically invite
equivalent procedures may be used for This proposed AD would require comments on the overall regulatory,
removing and re-installing passenger cabin measuring the clearance between the economic, environmental, and energy
furnishings, and removing and returning compensator and the guide assembly of aspects of the proposed AD. We will
power to the airplane. probe no. 1 on the outboard fuel tanks, consider all comments submitted by the
Note 1: For the purposes of this AD, a and performing corrective actions if closing date and may amend the
detailed inspection is: ‘‘An intensive necessary. This proposed AD is proposed AD in light of those
examination of a specific item, installation, prompted by the results of fuel system comments.
or assembly to detect damage, failure, or reviews conducted by the manufacturer. We will post all comments we
irregularity. Available lighting is normally We are proposing this AD to prevent receive, without change, to http://
supplemented with a direct source of good interference between the compensator dms.dot.gov, including any personal
lighting at an intensity deemed appropriate. and the guide assembly of probe no. 1, information you provide. We will also
Inspection aids such as mirror, magnifying which could create an ignition source post a report summarizing each
lenses, etc., may be necessary. Surface that could result in a fire or explosion. substantive verbal contact with FAA
cleaning and elaborate procedures may be personnel concerning this proposed AD.
DATES: We must receive comments on
required.’’ Using the search function of our docket
this proposed AD by March 17, 2005.
website, anyone can find and read the
Adjustment/Replacement of Wire Bundle ADDRESSES: Use one of the following comments in any of our dockets,
Clamps addresses to submit comments on this including the name of the individual
(g) After performing the actions required by proposed AD. who sent the comment (or signed the
paragraph (f) of this AD: Before further flight, • DOT Docket Web site: Go to comment on behalf of an association,
adjust and replace, as applicable, the wire http://dms.dot.gov and follow the business, labor union, etc.). You can
bundle clamps located aft of station 540, by instructions for sending your comments review the DOT’s complete Privacy Act
accomplishing all of the applicable actions electronically. Statement in the Federal Register
specified in the Accomplishment • Government-wide rulemaking Web published on April 11, 2000 (65 FR
Instructions of Boeing Service Bulletin 737– site: Go to http://www.regulations.gov 19477–78), or you can visit http://
28–1208, dated July 8, 2004. and follow the instructions for sending dms.dot.gov.
your comments electronically.
Alternative Methods of Compliance • Mail: Docket Management Facility, Examining the Docket
(h) The Manager, Seattle Aircraft U.S. Department of Transportation, 400 You can examine the AD docket on
Certification Office, FAA, has the authority to Seventh Street, SW., Nassif Building, the Internet at http://dms.dot.gov, or in
approve AMOCs for this AD, if requested in room PL–401, Washington, DC 20590. person at the Docket Management
accordance with the procedures found in 14 • By fax: (202) 493–2251. Facility office between 9 a.m. and 5
CFR 39.19. • Hand Delivery: Room PL–401 on p.m., Monday through Friday, except
Issued in Renton, Washington, on February the plaza level of the Nassif Building, Federal holidays. The Docket
6, 2005. 400 Seventh Street, SW., Washington, Management Facility office (telephone
Ali Bahrami,
DC, between 9 a.m. and 5 p.m., Monday (800) 647–5227) is located on the plaza
through Friday, except Federal holidays. level of the Nassif Building at the DOT
Manager, Transport Airplane Directorate, For service information identified in
Aircraft Certification Service. street address stated in the ADDRESSES
this proposed AD, contact Airbus, 1 section. Comments will be available in
[FR Doc. 05–2836 Filed 2–14–05; 8:45 am] Rond Point Maurice Bellonte, 31707 the AD docket shortly after the DMS
BILLING CODE 4910–13–P Blagnac Cedex, France. receives them.
You can examine the contents of this
AD docket on the Internet at http:// Discussion
dms.dot.gov, or in person at the Docket The FAA has examined the
Management Facility, U.S. Department underlying safety issues involved in
of Transportation, 400 Seventh Street, recent fuel tank explosions on several
SW., room PL–401, on the plaza level of large transport airplanes, including the
the Nassif Building, Washington, DC. adequacy of existing regulations, the

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