[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Rules and Regulations]
[Pages 9498-9501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3651]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0379; Directorate Identifier 2009-NM-210-AD;
Amendment 39-16609; AD 2011-04-10]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 737-300, -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 superseding an existing airworthiness directive
(AD), which applies to all Model 737-300, -400, and -500 series
airplanes. That AD currently requires inspecting to determine if
certain carriage spindles are installed, repetitive inspections for
corrosion and indications of corrosion on affected carriage spindles,
and if necessary, related investigative and corrective actions. That AD
also provides an optional terminating action. This new AD mandates the
optional terminating action, which eliminates the need for the
repetitive inspections. This AD results from reports of corrosion found
on carriage spindles that are located on the outboard trailing edge
flaps. We are issuing this AD to detect and correct corrosion of the
carriage spindle, which could result in fracture.
[[Page 9499]]
Fracture of both the inboard and outboard carriage spindles, in the
forward ends through the large diameters, on a flap, could adversely
affect the airplane's continued safe flight and landing.
DATES: This AD becomes effective March 25, 2011.
On November 24, 2009 (74 FR 57564, November 9, 2009), the Director
of the Federal Register approved the incorporation by reference of a
certain publication listed in the AD.
On August 5, 2008 (73 FR 42259, July 21, 2008), the Director of the
Federal Register approved the incorporation by reference of a certain
other publication listed in the AD.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax 206-766-5680; e-mail [email protected];
Internet https://www.myboeingfleet.com.
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: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6440; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2009-23-10, Amendment
39-16084 (74 FR 57564, November 9, 2009). The existing AD applies to
all Model 737-300, -400, and -500 series airplanes. That NPRM was
published in the Federal Register on April 8, 2010 (75 FR 17882). That
NPRM proposed to continue to require inspecting to determine if certain
carriage spindles are installed, repetitive inspections for corrosion
and indications of corrosion on affected carriage spindles, and if
necessary, related investigative and corrective actions. The existing
AD also provides an optional terminating action. That NPRM also
proposed to mandate the optional terminating action, which would
eliminate the need for the repetitive inspections.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Request To Revise Paragraph (k) of the NPRM
Boeing, Continental Airlines (CAL), and British Airways Plc
requested that paragraph (k) of the NPRM be revised to identify
additional replacement parts for the affected high velocity oxy-fuel
(HVOF)-coated spindles. (Paragraph (k) of the NPRM proposed to require
replacement of HVOF-coated carriage spindles having serial numbers
identified in Table 2 or 3 of Appendix A of Boeing Service Bulletin
737-57A1304, Revision 1, dated August 11, 2009, with either a non-HVOF-
coated carriage spindle, or with a serviceable HVOF-coated carriage
spindle with an `R' suffix on the serial number. Tables 2 and 3 of that
service bulletin identify both part numbers and serial numbers of the
affected carriage spindles.)
Boeing requested that we revise paragraph (k) of the NPRM to
specify that ``new'' HVOF-coated carriage spindles with serial numbers
not listed in Table 2 or 3 of Appendix A of the referenced Boeing
service bulletin are also acceptable replacements.
British Airways Plc requested that we revise paragraph (k) of the
NPRM to add ``serviceable'' carriage spindles not listed in Table 2 or
3 of Appendix A of the referenced Boeing service bulletin as acceptable
replacements.
CAL noted that there is no mention in paragraph (k) of the NPRM of
``serviceable,'' non-suspect HVOF-coated carriage spindles that do not
have an `R' suffix. CAL indicated that those particular carriage
spindles are not listed in Tables 2 and 3 of Appendix A and, therefore,
are not affected by the NPRM. In light of this, CAL requested that
paragraph (k) of the NPRM be revised to specify that the repetitive
inspections can be terminated by replacing affected HVOF-coated
carriage spindles with serviceable, non-suspect HVOF-coated carriage
spindles that do not have an `R' suffix.
We agree with the commenters' requests. We have revised paragraph
(j) of the final rule (paragraph (k) of the NPRM) to include the
following carriage spindles as acceptable replacements: (1) Non-HVOF-
coated carriage spindles; (2) new or serviceable HVOF-coated carriage
spindles having serial numbers that are NOT identified in Table 2 or
Table 3 of Appendix A of Boeing Service Bulletin 737-57A1304, Revision
1, dated August 11, 2009, without an `R' suffix on the serial number;
and (3) serviceable HVOF-coated carriage spindles with an `R' suffix on
the serial number.
We also have removed paragraph (j), ``Parts Installation,'' of the
NPRM. That paragraph was restated from AD 2009-23-10. Since terminating
action is now available, the paragraph is no longer necessary.
Conclusion
We have carefully reviewed the available data, including the
comments that have been 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 482 airplanes of the affected design in the
worldwide fleet. This AD affects about 150 airplanes of U.S. registry.
The inspection that is required by AD 2009-23-10 and retained in
this AD takes about 2 work hours per airplane, at an average labor rate
of $85 per work hour. Based on these figures, the estimated cost of the
currently required inspection is $170 per airplane, per inspection
cycle.
The replacement of each affected carriage spindle that is required
by this AD will take about 17 work hours per spindle (4 spindles per
airplane), at an average labor rate of $85 per work hour. Required
parts cost is provided under warranty. Based on these figures, the
estimated cost of the replacement specified in this AD for U.S.
operators is up to $867,000 or up to $5,780 per airplane, or $1,445 per
carriage spindle.
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.
[[Page 9500]]
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
removing amendment 39-16084 (74 FR 57564, November 9, 2009) and by
adding the following new airworthiness directive (AD):
2011-04-10 The Boeing Company: Amendment 39-16609. Docket No. FAA-
2010-0379; Directorate Identifier 2009-NM-210-AD.
Effective Date
(a) This AD becomes effective March 25, 2011.
Affected ADs
(b) This AD supersedes AD 2009-23-10, Amendment 39-16084.
Applicability
(c) This AD applies to all The Boeing Company Model 737-300, -
400, and -500 series airplanes, certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Unsafe Condition
(e) This AD results from reports of corrosion found on carriage
spindles that are located on the outboard trailing edge flaps. The
Federal Aviation Administration is issuing this AD to detect and
correct corrosion of the carriage spindle, which could result in
fracture. Fracture of both the inboard and outboard carriage
spindles, in the forward ends through the large diameters, on a
flap, could adversely affect the airplane's continued safe flight
and landing.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2008-15-05, Amendment 39-15617
Inspection To Determine Affected Carriage Spindle
(g) For all airplanes: Within 30 days after August 5, 2008 (the
effective date of AD 2008-15-05), inspect the carriage sub-assembly
to determine whether an affected carriage spindle with a high
velocity oxy-fuel (HVOF) thermal coating is installed, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-57A1304, dated June 2, 2008. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
part number and/or serial number of the carriage can be conclusively
determined from that review. If no affected carriage spindle is
installed, no further action is required by this paragraph.
Repetitive Inspections, Related Investigative Actions, and
Corrective Action
(h) For airplanes on which any affected carriage spindle was
determined to be installed in accordance with Boeing Alert Service
Bulletin 737-57A1304, dated June 2, 2008, as of August 5, 2008; and
the spindle is identified in Table 2 of Boeing Service Bulletin 737-
57A1304, Revision 1, dated August 11, 2009: At the later of the
times specified in paragraphs (h)(1) and (h)(2) of this AD, do a
detailed inspection (or, as an option for the forward end of the
spindle only, a borescope inspection technique may be used) of the
spindle for corrosion and potential indications of corrosion of the
carriage spindle, and do all applicable related investigative and
corrective actions, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-57A1304, dated
June 2, 2008; or Boeing Service Bulletin 737-57A1304, Revision 1,
dated August 11, 2009. Do all applicable related investigative and
corrective actions before further flight. Repeat the detailed
inspection (or, as an option for the forward end of the spindle
only, the borescope inspection) and certain related investigative
actions (i.e., the gap-check or optional non-destructive test (NDT)
ultrasonic inspection) at the applicable compliance times specified
in paragraph 1.E. of Boeing Alert Service Bulletin 737-57A1304,
dated June 2, 2008; or Boeing Service Bulletin 737-57A1304, Revision
1, dated August 11, 2009.
(1) Within 30 days after August 5, 2008.
(2) Within 90 days after the installation of a new HVOF-coated
spindle.
Note 1: Boeing Alert Service Bulletin 737-57A1304, dated June
2, 2008; and Boeing Service Bulletin 737-57A1304, Revision 1, dated
August 11, 2009; reference Boeing Alert Service Bulletin 737-
57A1277, Revision 1, dated November 25, 2003; for further guidance
on accomplishing the related investigative actions.
Restatement of Requirements of AD 2009-23-10, Amendment 39-16084
Repetitive Inspections, Related Investigative Actions, and
Corrective Action for Certain Airplanes
(i) For airplanes on which a carriage spindle having a serial
number identified in Table 3 of Appendix A of Boeing Service
Bulletin 737-57A1304, Revision 1, dated August 11, 2009, is
installed: At the latest of the times specified in paragraphs
(i)(1), (i)(2), and (i)(3) of this AD, as applicable, do a detailed
inspection (or, as an option for the forward end of the spindle
only, a borescope inspection technique may be used) of the spindle
for corrosion and potential indications of corrosion of the carriage
spindle, and do all applicable related investigative and corrective
actions, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 737-57A1304, Revision 1, dated August 11,
2009. Do all applicable related investigative and corrective actions
before further flight. Repeat the detailed inspection (or, as an
option for the forward end of the spindle only, the borescope
inspection) and related investigative actions (i.e., the gap-check
or optional NDT ultrasonic inspection) at the applicable compliance
times specified in paragraph 1.E. of Boeing Service Bulletin 737-
57A1304, Revision 1, dated August 11, 2009.
(1) Within 30 days after November 24, 2009 (the effective date
of AD 2009-23-10).
(2) Within 90 days after the installation of a new HVOF-coated
spindle identified in Table 3 of Appendix A of Boeing Service
Bulletin 737-57A1304, Revision 1, dated August 11, 2009.
(3) Within 90 days after doing an inspection in accordance with
Boeing Alert Service Bulletin 737-57A1304, dated June 2, 2008.
[[Page 9501]]
New Requirements of This AD
Terminating Action
(j) Within 48 months after the effective date of this AD:
Replace any HVOF-coated carriage spindle having a serial number
identified in Table 2 or Table 3 of Appendix A of Boeing Service
Bulletin 737-57A1304, Revision 1, dated August 11, 2009, with a non-
HVOF-coated carriage spindle; or a serviceable HVOF-coated carriage
spindle with an `R' suffix on the serial number; or a new or
serviceable HVOF-coated carriage spindle having a serial number not
identified in Table 2 or Table 3 of Appendix A of Boeing Service
Bulletin 737-57A1304, Revision 1, dated August 11, 2009, without an
`R' suffix on the serial number; in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1304, dated June 2, 2008; or Boeing Service Bulletin 737-57A1304,
Revision 1, dated August 11, 2009. Replacing all affected carriage
spindles terminates the repetitive inspections required by this AD.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6440; fax (425) 917-6590. Or, e-mail
information to [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(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 the
Boeing Commercial Airplanes Organization Delegation Authorization
(ODA) that 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.
Material Incorporated by Reference
(l) You must use Boeing Alert Service Bulletin 737-57A1304,
dated June 2, 2008; and Boeing Service Bulletin 737-57A1304,
Revision 1, dated August 11, 2009; as applicable; to do the actions
required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register previously approved the
incorporation by reference of Boeing Service Bulletin 737-57A1304,
Revision 1, dated August 11, 2009, on November 24, 2009 (74 FR
57564, November 9, 2009).
(2) The Director of the Federal Register previously approved the
incorporation by reference of Boeing Alert Service Bulletin 737-
57A1304, dated June 2, 2008, on August 5, 2008 (73 FR 42259, July
21, 2008).
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax 206-766-5680; e-mail
[email protected]; Internet https://www.myboeingfleet.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(5) You may also review copies of the service information that
is incorporated by reference 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 February 10, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-3651 Filed 2-17-11; 8:45 am]
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