FR Doc 05-20262

[Federal Register: October 13, 2005 (Volume 70, Number 197)]
[Rules and Regulations]
[Page 59638-59640]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc05-9]

[[Page 59638]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21346; Directorate Identifier 2005-NM-031-AD;
Amendment 39-14336; AD 2005-20-39]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
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 adopting a new airworthiness directive (AD) for all
Boeing Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This AD requires examining the airplane's maintenance
records to determine if the main landing gear (MLG) has been overhauled
and if Titanine JC5A (also known as Desoto 823E508) corrosion-
inhibiting compound (``CIC'') was used during the overhaul. For
airplanes for which the maintenance records indicate that further
action is necessary, or for airplanes on which CIC JC5A may have been
used during manufacture, this AD requires a one-time detailed
inspection for discrepancies of certain components of the MLG, and
corrective action if necessary. This AD results from twelve reports of
severe corrosion on one or more of three components of the MLG. We are
issuing this AD to prevent collapse of the MLG, or damage to hydraulic
tubing or the aileron control cables, which could result in possible
departure of the airplane from the runway and loss of control of the
airplane.

DATES: This AD becomes effective November 17, 2005.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 17,
2005.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.

Department of Transportation, 400 Seventh Street SW., Nassif Building,
room PL-401, Washington, DC.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6440; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all Boeing Model 737-
100, -200, -200C, -300, -400, and -500 series airplanes. That NPRM was
published in the Federal Register on June 3, 2005 (70 FR 32534). That
NPRM proposed to require operators to examine the airplane's
maintenance records to determine if the main landing gear (MLG) has
been overhauled and if Titanine JC5A (also known as Desoto 823E508)
corrosion-inhibiting compound (``CIC'') was used during the overhaul.
For airplanes for which the maintenance records indicate that further
action is necessary, or for airplanes on which CIC JC5A may have been
used during manufacture, that NPRM proposed to require a one-time
detailed inspection for discrepancies of certain components of the MLG,
and corrective action if necessary.

Comments

We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.

Support for the NPRM

One commenter expresses support for the NPRM.

Request To Specify ``Last Overhaul'' in Paragraph (g)(2)

The commenter requests that we revise paragraph (g)(2) to specify
that during the records examination, no further action is required by
paragraph (g)(2) or paragraph (h) of the NPRM if CIC JC5A was not used
on the trunnion pins or other parts of the MLG during the last
overhaul. The NPRM merely stated ``during the overhaul.'' The commenter
states that any damage which may have resulted from the use of CIC JC5A
at overhauls prior to the last overhaul would have been detected and
corrected at the last overhaul, thus any record review of overhauls
prior to the last overhaul is unnecessary. The commenter further states
that only the last overhaul is of interest in any records examination,
and a change to specify the last overhaul would minimize labor
expenditure for records research. Furthermore, the commenter states
that the change would give paragraph (g)(2) and paragraph (h)(2) a
similar structure.
We agree with the commenter for the stated reasons. During each MLG
overhaul, all the grease is removed and discrepancies are corrected.
Thus, only the most recent overhaul is relevant to the actions in
paragraph (g)(2). We have revised paragraph (g)(2) of the final rule to
include the words ``most recent overhaul.''

Request To Clarify ``Aircraft Maintenance Records''

The commenter requests that the term ``aircraft maintenance
records'' be clarified in the final rule. The commenter states that the
actual records do not contain detailed information about which
corrosion-inhibiting compound was used to overhaul the MLG. According
to the commenter, operators can only review the MLG component
maintenance manual (CMM) and any associated documents to determine if
Titanine JC5A CIC was ever used during overhaul. The commenter believes
that a reference to the CMM should be specifically stated in the final
rule.
We do not agree with the commenter. The NPRM used the phrases
``airplane maintenance records,'' and ``airplane records,'' which is
consistent with the wording in Section 121.380 (``Maintenance Recording
Requirements'') of the Federal Aviation Regulations (14 CFR 121.380).
That regulation defines the maintenance recording requirements for
certificate holders. The terms, as used in the NPRM, are not meant to
imply that determination of the compound used must be determined from
the airplane-level document; there may be other supporting documents
that constitute part of ``airplane maintenance records'' or ``airplane
records.'' Examples of such supporting documents include maintenance
program documentation and maintenance task cards. We have not changed
the final rule in this regard.

Request To Provide Instructions for Removing CIC JC5A and Approval
Dates for CIC JC5A

The commenter requests more precise directions for cleaning/
removing CIC

[[Page 59639]]

JC5A from the three components and other bearings, bushings, and lugs
that must be cleaned. The commenter would like to know which cleaning
products should be used and if there are any cleaning products that
should not be used. The commenter also requests information about the
dates during which CIC JC5A was an approved substitute for Boeing
Material Specification (BMS) 3-37 grease.
The comments do not pertain to the substance of the proposed rule
and are best directed to the manufacturer. Any alternative procedures
to the actions in this final rule may be used only if approved as an
alternative method of compliance according to paragraph (l) of this AD.

Explanation of Additional Change Made to This AD

We have simplified paragraph (i)(2) of the final rule by referring
to the ``Alternative Methods of Compliance (AMOCs)'' paragraph for
repair methods.

Clarifications Made to This AD

To meet the requirements of the Office of the Federal Register for
materials incorporated by reference, we have clarified paragraph (f) of
the final rule to refer to the applicable service bulletin as ``Boeing
Service Bulletin 737-32A1367, Revision 1, dated December 23, 2004,''
rather than ``Boeing Alert Service Bulletin * * * .'' Revision 1 of
this service bulletin is not an alert service bulletin.
We have revised the wording in paragraph (h)(1)(i) of the final
rule to clarify the compliance time to refer to the ``date of issuance
of the original standard airworthiness certificate or the date of
issuance of the original export certificate of airworthiness,'' rather
than ``the date of issuance of the original airworthiness certificate
or the date of issuance of the original standard export certificate of
airworthiness, whichever occurs later.'' We find that the revised
wording is more precise.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.

Conclusion

We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

There are about 3,132 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

Estimated Costs
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Number of
Average Cost per U.S.-
Action Work hours labor rate Parts airplane registered Fleet cost
per hour airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Records examination........................... 1 $65 None............................. $65 1,748 $113,620
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For airplanes that require a detailed inspection, we estimate that
the inspection would take about 3 work hours per airplane to
accomplish, at an average labor rate of $65 per work hour. Based on
these figures, we estimate that the detailed inspection would cost
about $195 per airplane.

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 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, Incorporation by
reference, Safety.

Adoption of the Amendment

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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):

2005-20-39 Boeing: Amendment 39-14336. Docket No. FAA-2005-21346;
Directorate Identifier 2005-NM-031-AD.

Effective Date

(a) This AD becomes effective November 17, 2005.

Affected ADs

(b) None.

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Applicability

(c) This AD applies to all Boeing Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes, certificated in any category.

Unsafe Condition

(d) This AD results from twelve reports of severe corrosion on
one or more of three components of the main landing gear (MLG). We
are issuing this AD to prevent collapse of the MLG, or damage to
hydraulic tubing or the aileron control cables, which could result
in possible departure of the airplane from the runway and loss of
control 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.

Service Bulletin Reference

(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of Boeing Service Bulletin 737-32A1367,
Revision 1, dated December 23, 2004.

Records Examination and Compliance Times

(g) For all airplanes: Before the inspection required by
paragraph (h) of this AD, examine the airplane records to determine
if the MLG has been overhauled, and, for any overhauled MLG, if JC5A
corrosion inhibiting compound (CIC) was used on the trunnion pin or
other parts of the MLG.
(1) For airplanes identified in the service bulletin as Group 2
and Group 4: If records indicate conclusively that the MLG has not
been overhauled, no further action is required by this paragraph or
paragraph (h) of this AD.
(2) For airplanes identified in the service bulletin as Group 1,
Group 2, Group 3, and Group 4: If records indicate conclusively that
the MLG has been overhauled and that CIC JC5A was not used on the
trunnion pins or other parts of the MLG during the most recent
overhaul, no further action is required by this paragraph or
paragraph (h) of this AD.

Inspection and Corrective Action

(h) For all airplanes, except as provided by paragraph (g)(1)
and (g)(2) of this AD: At the applicable compliance time in
paragraph (h)(1) or (h)(2) of this AD, do a detailed inspection for
discrepancies of the applicable MLG components specified in the
service bulletin. Do all applicable corrective actions before
further flight after the inspection. Do all the actions in
accordance with the service bulletin, except as required by
paragraph (i) of this AD.
(1) For airplanes identified in the service bulletin as Group 1
and Group 3 for which records indicate conclusively that the MLG has
not been overhauled: Inspect at the later of the times in paragraph
(h)(1)(i) and (h)(1)(ii) of this AD.
(i) Within 48 months after the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness.
(ii) Within 6 months after the effective date of this AD.
(2) For airplanes identified in the service bulletin as Group 1,
Group 2, Group 3, and Group 4, for which records indicate
conclusively that the MLG has been overhauled, and for which records
indicate conclusively that CIC JC5A was used during the most recent
overhaul; and for airplanes for which records do not show
conclusively which CIC compound was used during the most recent
overhaul: Inspect at the later of the times in paragraph (h)(2)(i)
or (h)(2)(ii) of this AD.
(i) Within 48 months after the landing gear was installed.
(ii) Within 6 months after the effective date of this AD.

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

Contact Seattle Aircraft Certification Office (ACO) or Delegation
Option Authorization (DOA) Organization for Certain Corrective Actions

(i) If any discrepancy is found during any inspection required
by this AD, and the service bulletin specifies to contact Boeing for
appropriate action: Before further flight, do the action using a
method approved in accordance with paragraph (l) this AD.

Use of JC5A Prohibited

(j) As of the effective date of this AD, no person may use CIC
JC5A on an MLG component on any airplane.

Actions Done According to Previous Revision of Service Bulletin

(k) Actions done before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 737-32A1367, dated
August 19, 2004, are considered acceptable for compliance with the
corresponding action specified in this AD.

Alternative Methods of Compliance (AMOCs)

(l)(1) The Manager, Seattle ACO, has the authority to approve
AMOCs for this AD, if requested in accordance with the procedures
found in 14 CFR 39.19.
(2) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes DOA
Organization who has been authorized by the Manager, Seattle ACO, to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
(3) 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.

Material Incorporated by Reference

(m) You must use Boeing Service Bulletin 737-32A1367, Revision
1, dated December 23, 2004, to perform the actions that are required
by this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for a copy of this service information. You
may review copies at the Docket Management Facility, U.S. Department
of Transportation, 400 Seventh Street SW., room PL-401, Nassif
Building, Washington, DC; on the Internet at http://dms.dot.gov; or

at 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 --

Issued in Renton, Washington, on September 30, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-20262 Filed 10-12-05; 8:45 am]

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