[Federal Register: May 26, 2006 (Volume 71, Number 102)]
[Proposed Rules]
[Page 30346-30350]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my06-27]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19245; Directorate Identifier 2004-NM-108-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-300, -400, -500, -600,
-700, -700C, -800, and -900 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier proposed airworthiness
directive (AD) for certain Boeing Model 737-300, -400, -500, -600, -
700, -700C, -800, and -900 series airplanes. The original NPRM would
have required modifying the wiring for the master dim and test system.
For certain airplanes, the original NPRM also proposed to require
related concurrent actions as necessary. The original NPRM resulted
from a report that the master dim and test system circuit does not have
wiring separation of the test ground signal for redundant equipment in
the flight compartment. This action revises the original NPRM by adding
a new concurrent action for certain airplanes, extending the compliance
time, and removing certain airplanes from concurrent requirements. We
are proposing this supplemental NPRM to prevent a single fault failure
in flight from simulating a test condition and showing test patterns
instead of the selected radio frequencies on the communications panels,
which could inhibit communication between the flightcrew and the
control tower, affecting the continued safe flight of the airplane.
DATES: We must receive comments on this supplemental NPRM by June 20,
2006.
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
Docket Web site: Go to http//dms.dot.gov and follow the
instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http//
http://www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this
proposed AD.
FOR FURTHER INFORMATION CONTACT: Binh Tran, Aerospace Engineer, Systems
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425) 917-6485; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this supplemental NPRM. Send your comments to an
address listed in the ADDRESSES section. Include the docket number
``Docket No. FAA-2004-19245; Directorate Identifier 2004-NM-108-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, without change, to http//
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this supplemental NPRM. Using the search function
of that Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http//dms.dot.gov.
Examining the Docket
You may 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 in the Nassif Building at the DOT street address stated in
ADDRESSES. Comments will be available in the AD docket shortly after
the Docket Management System receives them.
[[Page 30347]]
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an AD (the ``original NPRM'') for certain Boeing
Model 737-300, -400, -500, -600, -700, -700C, -800 and -900 series
airplanes. The original NPRM was published in the Federal Register on
October 5, 2004 (69 FR 59559). The original NPRM proposed to require
modifying the wiring for the master dim and test system. For certain
airplanes, the original NPRM also proposed to require related
concurrent actions as necessary.
Relevant Service Information
We have reviewed Boeing Service Bulletin 737-33-1133, Revision 3,
dated September 8, 2005. The service bulletin describes actions similar
to those in Boeing Service Bulletin 737-33-1133, Revision 2, dated
December 4, 2003, which was described in the original NPRM as the
applicable source of service information for certain proposed actions
on certain airplanes. Revision 3 also reduces the number of airplanes
subject to certain actions specified in Boeing Service Bulletin 737-33-
1121, Revision 1, dated December 19, 2002. The NPRM refers to 737-33-
1121 as the applicable source of service information for certain
concurrent actions.
Boeing Special Attention Service Bulletin 737-33-1132, Revision 2,
dated September 8, 2005, describes actions similar to Boeing Special
Attention Service Bulletin 737-33-1132, Revision 1, dated March 4,
2004, which was described in the original NPRM as the applicable source
of service information for certain proposed actions on certain other
airplanes. Revision 2 also adds a concurrent action for certain
airplanes.
For certain airplanes, Service Bulletin 737-33-1132, Revision 2,
recommends prior or concurrent accomplishment of Boeing Service
Bulletin 737-23-1102, dated June 3, 1999. Service Bulletin 737-23-1102
describes procedures to replace the VHF and HF communications panels
with radio control panels.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.
Comments
We have considered the following comments on the original NPRM.
Supportive Comment
One commenter, Alaska Airlines, supports the original NPRM.
Request To Delay Release of AD Pending Release of Revised Service
Bulletins
Boeing requests that the FAA delay issuing the AD until the release
of Revision 3 of Boeing Service Bulletin 737-33-1133. The commenter
states that implementing Service Bulletin 737-33-1133 at Revision 2,
and implementing the associated concurrent service bulletin (Boeing
Service Bulletin 737-33-1121, Revision 1, dated December 19, 2002),
would require operators to perform unnecessary tasks. The commenter
also points out that revising the service bulletin would help reduce
the economic impact of the AD by removing the unnecessary tasks. We
infer that the commenter wants the FAA to reference Revision 3 of the
service bulletin.
We agree to reference Boeing Service Bulletin 737-33-1133, Revision
3, dated September 8, 2005, for the reasons stated by the commenter. We
have determined that this delay would have no adverse effect on safety,
and that reference to Revision 3 would assist operators in complying
with this supplemental NPRM. We have revised paragraph (f) of this AD
accordingly.
Requests From Operators To Delay Release of the AD
The Air Transport Association (ATA), on behalf of its member,
Continental Airlines, requests that certain Boeing service bulletins be
revised or withdrawn as referenced service bulletins. Continental
states that there are multiple open issues (such as unnecessary steps
for airplanes with certain different control panel configurations) and
complications with those service bulletins. Continental further
suggests that if the service bulletins are not revised, then the AD
should be delayed until the open issues with some of the Boeing service
bulletins are resolved.
We agree that certain service bulletins referenced in the NPRM need
revisions. Since publication of the NPRM, some of the affected service
bulletins have been revised to address open issues and complications.
However, we do not agree to delay the issuance of this AD until all the
affected service bulletins are revised. Compliance with some of the
other affected and un-revised service bulletins may involve requesting
alternative methods of compliance (AMOCs), since we have determined
that it could affect safety if we wait for the remaining affected
service bulletins to be revised. Boeing has also advised that it does
not plan to revise a few of the remaining affected service bulletins.
We have revised paragraphs (f), (g) and (h) of this supplemental NPRM
to reference these revised service bulletins as applicable. Operators
are welcome to apply for an AMOC as specified in paragraph (i) of this
supplemental NPRM.
Requests To Extend Compliance Time To Modify Wiring
The ATA, on behalf of its members, American Airlines, United
Airlines (UAL), and US Airways, requests extending the compliance time
from 30 months to better match operators' heavy/base maintenance
schedule. US Airways suggests a 48-month compliance time and states
that the proposed 30-month compliance time doesn't match maintenance
cycles. UAL also notes that the 30-month compliance time will create an
increase in the time needed for C-check visits. American Airlines
suggests re-wording the compliance time to ``the next heavy overhaul
visit'' to prevent unnecessary financial hardship for the airlines.
We agree to extend the compliance time. We have considered other
similar actions and have determined that extending the compliance time
to 48 months will not adversely affect safety. We have revised
paragraph (f) of this supplemental NPRM accordingly. We do not agree to
use ``the next heavy overhaul visit,'' since it is an imprecise
compliance time, and the definition of heavy overhaul visit can vary
significantly between airplane operators.
Requests To Give Credit for Airplanes Equipped With Aircraft
Communication and Reporting System (ACARS)
The ATA, on behalf of UAL, requests that we give credit for
airplanes equipped with ACARS. UAL states that the NPRM does not give
credit for those airplanes that are equipped with other means of ground
communication. UAL explains that ACARS transmits data to an operator's
dispatch group through the number 3 VHF system (VHF3), which is
dedicated solely for ACARS usage. The frequency tuning for VHF3 is
controlled by ACARS, not the VHF control panel. UAL concludes that
ACARS provides an equivalent level of safety for the purposes of the
NPRM since the flightcrew is still able to communicate with the ground,
even if the fault occurs.
We partially agree with the commenters that ACARS provides some
level of communication with the ground (usually the airplane operator's
dispatch or ground support office) when the fault occurs. However,
assuming the
[[Page 30348]]
operator's dispatch office is able to establish a telephone line with
the relevant air traffic control (ATC) tower or center, the delays in
relaying information between the flightcrew and ATC via ACARS can be
substantial. This fault also simulates a ``test condition'' that
activates several flight annunciators, switches, and displays, so that
the selected communication frequency cannot be determined from the
displays. This increases the workload of the flightcrew and has an
impact to the safety of the airplane during the approach and landing
phase of flight. Therefore, the supplemental NPRM has not been revised
to allow credit for airplanes equipped with ACARS.
Request To Revise Cost Estimate
The ATA, on behalf of UAL, requests that we revise the cost
estimate of the modification in the NPRM. UAL states that Service
Bulletin 737-33-1132 estimates the modification to take 21 work hours
to complete, and the FAA estimates 14 work hours for the modification.
UAL believes that the actual cost would be $1,740 per airplane whereas
we estimate it at $910 per airplane.
We disagree to revise the estimate of the work hours since the cost
estimate includes only the time necessary to perform the specific
actions actually proposed by this supplementary NPRM. The service
bulletin provides a work hour estimate that includes time needed to
gain access to and close up the work area. Our estimates also typically
do not include incidental costs such as planning time, access/close-up
time, or other incidental or administrative actions. However, since we
published the original NPRM, we have revised our cost estimate of a
work hour from $65 to $80 to account for the increased cost of each
work hour since we last revised that cost estimate. The estimates in
Cost of Compliance have been revised accordingly.
Request To Revise Service Bulletins To Identify Airplanes With Enhanced
Ground Proximity Warning System (EGPWS)
Continental Airlines requests that Boeing Service Bulletin 737-33-
1132 be revised to identify airplanes modified by Boeing's EGPWS
installation service bulletins and create an additional grouping for
these EGPWS-modified airplanes. The commenter states that Service
Bulletin 737-33-1132 has instructions to terminate a wire (number W149-
045-22) to the navigation control panel. Continental adds that the wire
has already been terminated at the MMR control panel on airplanes
modified by the EGPWS service bulletins.
We agree that provisions need to be made for airplanes that have
had EGPWS installed in accordance with the Boeing EGPWS service
bulletins. Rather than revising Service Bulletin 737-33-1132 to address
EGPWS modifications, Boeing has issued Service Bulletin 737-34-1924,
dated October 17, 2005, to address wire changes and separation.
Therefore Service Bulletin 737-33-1132 does not need to be revised. We
have not changed the supplemental NPRM in this regard. However, if the
commenter believes there is still potential for confusion or
uncertainty, it is welcome to apply for an AMOC to use Service Bulletin
737-34-1924 in accordance with paragraph (i) of the supplemental NPRM.
Revise Service Bulletin To Remove Certain Requirements for Non-
Integrated Audio Control Panels (ACPs)
Continental Airlines and Southwest Airlines request that the Boeing
Service Bulletins 737-33-1133 and 737-33-1121 be revised to make
installing provisional wiring for lamp test function an optional action
for airplanes equipped with non-integrated ACPs. Southwest states that
Boeing indicated that the wiring for the lamp test is only for fleet
commonality for airplanes without integrated ACPs. Southwest believes
that actions should not be mandated for the sake of fleet commonality.
We agree that the provisional wiring for the lamp test function
should not be required for the non-integrated ACPs. Boeing has revised
Service Bulletin 737-33-1133 so that the actions of Service Bulletin
737-33-1121 will not be required concurrent action on airplanes that do
not have integrated ACPs. The supplemental NPRM refers to this revised
service bulletin.
Request To Accommodate Airplanes With Certain Post-Delivery Wiring
Changes
Southwest Airlines requests that the wiring installation listed
within the Boeing service bulletins for automatic direction finder
(ADF) control panels, Selective Calling on the radio communication
system (SELCAL), and engine instrument system (EIS), be made optional
for airplanes without ADF, SELCAL, and EIS installed. The airline
states that it does not have SELCAL installed in its fleet, nor does it
operate any airplanes with an EIS system, and is currently in the
process of removing all ADF control panels from its fleet.
We agree that such actions should be optional for those airplanes
without those systems installed. However, Boeing has decided not to
revise the service bulletins (Boeing Service Bulletins 737-33-1132,
737-77-1022, and 737-77-1023 for non-EIS configurations and Boeing
Service Bulletin 737-33-1133 for non-SELCAL configurations) to address
airplanes with these post-delivery wiring modifications. It is not
feasible to address each operator's configuration in this supplemental
NPRM. Operators may submit a request for an AMOC in accordance with
paragraph (i) of this supplemental NPRM.
Clarification of AMOC Paragraph
We have revised this supplemental NPRM to clarify the appropriate
procedure for notifying the principal inspector before using any
approved AMOC on any airplane to which the AMOC applies.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The changes discussed above expand the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
There are about 2,868 airplanes of the affected design in the
worldwide fleet. This supplemental NPRM would affect about 1,181
airplanes of U.S. registry. The following table provides the estimated
costs for U.S. operators to comply with this supplemental NPRM.
Estimated Costs
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Average labor Cost per
Boeing Service Bulletin Work hours rate per hour Parts airplane
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737-33-1132, Revision 2.............. 14 $80 Nominal.................. $1,120
[[Page 30349]]
737-33-1133, Revision 3.............. 3 80 Nominal.................. 240
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Estimated Concurrent Service Bulletin Costs
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Number of U.S.-
Boeing service bulletin Work hours Average labor Parts Cost per airplane registered Fleet cost
rate per hour airplanes
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737-26A1083, Revision 1.......... 185................. $80 Between $30,000 and Between $44,800 and 1 Between $44,800 and
$36,400. $51,200. $51,200.
737-33-1121, Revision 1.......... Between 5 and 6..... 80 Between $200 and Between $600 and 83 Between $49,800 and
$340. $820. $68,060.
737-77-1022, Revision 1.......... 72.................. 80 No charge........... $5,760.............. 4 $23,040.
737-77-1023, Revision 1.......... Between 1 and 3..... 80 Nominal............. Between $80 and $240 26 Between $2,080 and
$6,240.
737-23-1102...................... 77.................. 80 $22,164............. $28,324............. 0 No fleet cost
unless an affected
airplane is
imported and
placed on U.S.
register.
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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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the 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 supplemental NPRM and placed it in the AD docket. 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, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Boeing: Docket No. FAA-2004-19245; Directorate Identifier 2004-NM-
108-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by June 20,
2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 737-300, -400, and -500
series airplanes identified in Boeing Special Attention Service
Bulletin 737-33-1132, Revision 2, dated September 8, 2005; and Model
737-600, -700, -700C, -800, and -900 series airplanes identified in
Boeing Service Bulletin 737-33-1133, Revision 3, dated September 8,
2005; certificated in any category.
Unsafe Condition
(d) This AD results from a report that the master dim and test
system circuit does not have wiring separation of the test ground
signal for redundant equipment in the flight compartment. We are
issuing this AD to prevent a single fault failure in flight from
simulating a test condition and showing test patterns instead of the
selected radio frequencies on the communications panels, which could
inhibit communication between the flightcrew and the control tower,
affecting the continued safe flight of the airplane.
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) Within 48 months after the effective date of this AD: Modify
the wiring for the master dim test system in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-33-1132, Revision 2, dated September 8, 2005 (for Model
737-300, -400, and -500 series airplanes); and Boeing Service
Bulletin 737-33-1133, Revision 3, dated September 8,
[[Page 30350]]
2005 (for Model 737-600, -700, -700C, -800, and -900 series
airplanes); as applicable.
Actions Required To Be Accomplished Prior to or Concurrently With
Paragraph (f) of This AD
(g) Prior to or concurrently with accomplishment of paragraph
(f) of this AD, do the actions specified in Table 1 of this AD, as
applicable.
Table 1.--Prior/Concurrent Actions
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Accomplish all According to the
For-- actions associated Accomplishment
with-- Instructions of--
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Group 57 airplanes Installing an engine Boeing Service
identified in Boeing instrument system Bulletin 737-77-
Special Attention Service (EIS) and. 1022, Revision 1,
Bulletin 737-33-1132, dated October 26,
Revision 2, dated September 1989.
8, 2005.
Modifying the Boeing Service
advisory system for Bulletin 737-77-
the EIS. 1023, Revision 1,
dated November 9,
1989.
Group 37 and 46 airplanes Installing wiring Boeing Service
identified in Boeing for the test system Bulletin 737-33-
Service Bulletin 737-33- for the audio 1121, Revision 1,
1133, Revision 3, dated control panel lamp. dated December 19,
September 8, 2005. 2002.
Group 2 airplanes identified Installing splice Boeing Service
in Boeing Service Bulletin SP896. Bulletin 737-
737-33-1121, Revision 1, 26A1083, Revision
dated December 19, 2002. 1, dated November
15, 2001.
Group 39 airplanes Installing a smoke Boeing Service
identified in Boeing detection and fire Bulletin 737-
Service Bulletin 737-33- extinguishing 26A1083, Revision
1133, Revision 3, dated system in the cargo 1, dated November
September 8, 2005. compartment. 15, 2001.
Group 59 airplanes Replacing the VHF Boeing Service
identified in Boeing and HF Bulletin 737-23-
Special Attention Service communications 1102, dated June 3,
Bulletin 737-33-1132, panels with radio 1999.
Revision 2, dated September control panels.
8, 2005.
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Actions Accomplished per Previous Issue of Service Bulletins
(h) Actions accomplished before the effective date of this AD in
accordance with the service bulletins identified in Table 2 of this AD
are considered acceptable for compliance with the corresponding actions
specified in this AD.
Table 2.--Previous Issues of Service Bulletins
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Service Bulletin Revision level Date
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Boeing Service Bulletin 737-33-1133..... Original........................ December 19, 2002.
Boeing Service Bulletin 737-33-1133..... Revision 1...................... April 17, 2003.
Boeing Service Bulletin 737-33-1133..... Revision 2...................... December 4, 2003.
Boeing Special Attention Service Original........................ March 20, 2003.
Bulletin 737-33-1132.
Boeing Special Attention Service Revision 1...................... March 4, 2004.
Bulletin 737-33-1132.
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Alternative Methods of Compliance (AMOCs)
(i)(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) Before using any AMOC approved in accordance with Sec. 39.19
on any airplane to which the AMOC applies, notify the appropriate
principal inspector in the FAA Flight Standards Certificate Holding
District Office.
Issued in Renton, Washington, on May 15, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Dierctorate, Aircrft Certification
Service.
[FR Doc. E6-8120 Filed 5-25-06; 8:45 am]
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