[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Rules and Regulations]
[Page 59493-59494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc08-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0357; Directorate Identifier 2008-NM-005-AD;
Amendment 39-15687; AD 2008-21-03]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-300, -400, and -500
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Boeing Model 737-300, -400, and -500 series airplanes. This AD requires
repetitive inspections for discrepancies of the fuse pins of the
inboard and outboard midspar fittings of the nacelle strut, and
corrective actions if necessary. This AD results from a report of
corrosion damage of the chrome runout on the head side found on all
four midspar fuse pins of the nacelle strut. Additionally, a large
portion of the chrome plate was missing from the corroded area of the
shank. We are issuing this AD to detect and correct discrepancies of
the fuse pins of the inboard and outboard midspar fittings of the
nacelle strut, which could result in reduced structural integrity of
the fuse pins and consequent loss of the strut and separation of the
engine from the airplane.
DATES: This AD is effective November 13, 2008.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 13,
2008.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Allen Rauschendorfer, Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6432; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
Part 39 to include an airworthiness directive (AD) that would apply to
all Boeing Model 737-300, -400, and -500 series airplanes. That NPRM
was published in the Federal Register on March 26, 2008 (73 FR 15959).
That NPRM proposed to require repetitive inspections for discrepancies
of the fuse pins of the inboard and outboard midspar fittings of the
nacelle strut, and corrective actions if necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Support for the NPRM
Boeing supports the NPRM.
Deutsche Lufthansa (DLH) states that during inspections done per
the AMM, for which the left- and right-hand pylons have to be removed,
it observed several instances of corrosion or damaged chrome plating of
the midspar fuse pins; the defective pins were replaced. Therefore, DLH
supports the repetitive inspections of the fuse pins.
Request for Credit for Initial Inspection
DLH asks that the initial inspection procedure done per Maintenance
Planning Document (MPD) Item 54-322-01, of the applicable airplane
maintenance manual (AMM), be acceptable for compliance with the initial
inspection required by the NPRM. In addition, DLH does not support the
compliance times for the initial inspection. DLH feels that the
inspection of the fuse pins done during its maintenance check per the
AMM provides the same level of safety as the initial inspection done
per the service bulletin referenced in the NPRM.
We do not agree. The AMM only includes procedures for access and
does not provide inspection procedures; therefore, the service bulletin
provides the inspection procedures. If DLH believes that its inspection
procedures provide an acceptable alternative, under the provisions of
paragraph (g) of this AD, we will consider requests for approval of an
alternative method of compliance if sufficient data are submitted to
substantiate that the alternative inspection would provide an
acceptable level of safety.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
Costs of Compliance
We estimate that this AD will affect 616 airplanes of U.S.
registry. We also estimate that it will take 4 work-hours per product
to comply with the inspection in this AD. The average labor rate is $80
per work-hour. Based on these figures, we estimate the cost of
[[Page 59494]]
this AD to the U.S. operators to be $197,120, or $320 per product.
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
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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
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 AD:
2008-21-03 Boeing: Amendment 39-15687. Docket No. FAA-2008-0357;
Directorate Identifier 2008-NM-005-AD.
Effective Date
(a) This airworthiness directive (AD) is effective November 13,
2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Boeing Model 737-300, -400, and -500
series airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from a report of corrosion damage of the
chrome runout on the head side found on all four midspar fuse pins
of the nacelle strut. Additionally, a large portion of the chrome
plate was missing from the corroded area of the shank. We are
issuing this AD to detect and correct damage of the fuse pins of the
inboard and outboard midspar fittings of the nacelle strut, which
could result in reduced structural integrity of the fuse pins and
consequent loss of the strut and separation of the engine from the
airplane.
Compliance
(e) Comply with this AD within the compliance times specified,
unless already done.
Repetitive Inspections/Corrective Actions
(f) At the applicable time specified in paragraph 1.E.,
``Compliance'' of Boeing Special Attention Service Bulletin 737-54-
1044, dated December 10, 2007; except, where the service bulletin
specifies a compliance time after the date on the service bulletin,
this AD requires compliance within the specified compliance time
after the effective date of this AD: Do a detailed inspection for
discrepancies of the fuse pins of the inboard and outboard midspar
fittings of the nacelle strut by doing all the actions, including
all applicable corrective actions, in accordance with the
Accomplishment Instructions of the service bulletin. Do all
applicable corrective actions before further flight. Repeat the
inspection at the time specified in paragraph 1.E. of the service
bulletin.
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Allen Rauschendorfer, Aerospace Engineer, Airframe
Branch, ANM-120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 917-6432; fax (425) 917-6590;
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(3) 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
Delegation Option Authorization 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.
Material Incorporated by Reference
(h) You must use Boeing Special Attention Service Bulletin 737-
54-1044, dated December 10, 2007, to do the actions required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207.
(3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at 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 September 29, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-23658 Filed 10-8-08; 8:45 am]
BILLING CODE 4910-13-P