[Federal Register Volume 68, Number 19 (Wednesday, January 29, 2003)]
[Rules and Regulations]
[Pages 4371-4374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1832]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-274-AD; Amendment 39-13029; AD 2003-03-05]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-300, -400, and -500 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Boeing Model 737-300, -400, and -500 series 
airplanes, that currently requires replacement, with new parts, of the 
existing actuators or the rod ends on the existing actuators at wing 
leading edge slat positions 1, 2, 5, and 6. This amendment adds a one-
time inspection of all the rod ends on the actuators of the wing 
leading edge slats to determine if vibro-engraving was used to identify 
the parts, and corrective action, if necessary. This amendment is 
prompted by reports indicating that vibro-engraving was found on new 
rod ends during installation; such part markings create stress risers 
that reduce the fatigue life of the rod ends. The actions specified by 
this AD are intended to prevent fatigue cracking, which could result in 
failure of the rod ends, uncommanded deployment of the wing leading 
edge slat, and consequent reduced controllability of the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Effective March 5, 2003.
    The incorporation by reference of Boeing Alert Service Bulletin 
737-27A1243, dated July 26, 2001, excluding Evaluation Form; and Boeing 
Alert Service Bulletin 737-27A1211, Revision 2, dated December 21, 
2000, including Information Notice 737-27A1211 IN 03, dated July 26, 
2001, excluding Evaluation Form; as listed in the regulations, is 
approved by the Director of the Federal Register as of March 5, 2003.
    The incorporation by reference of Boeing Alert Service Bulletin 
737-27A1211, dated November 19, 1998; and Revision 1, dated December 9, 
1999; as listed in the regulations, was approved

[[Page 4372]]

previously by the Director of the Federal Register as of February 29, 
2000 (65 FR 3801, January 25, 2000).

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., Suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Douglas Tsuji, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, Washington 98055-
4056; telephone (425) 227-1506; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2000-02-03, 
amendment 39-11521 (65 FR 3801, January 25, 2000), which is applicable 
to certain Boeing Model 737-300, -400 and -500 series airplanes, was 
published in the Federal Register on June 18, 2002 (67 FR 41355). The 
action proposed to continue to require replacement, with new parts, of 
the existing actuators or the rod ends on the existing actuators at 
wing leading edge slat positions 1, 2, 5, and 6. The new action 
proposed to add a one-time inspection of all the rod ends on the 
actuators of the wing leading edge slats to determine if vibro-
engraving was used to identify the parts, and corrective action, if 
necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received. One commenter has no comments.

Request To Change Summary Section

    One commenter asks that the summary section of the proposed AD be 
changed to include the part number(s) of the rod ends that are affected 
by vibro-engraving. The commenter's understanding is that only the new 
rod end having part number (P/N) 69-73485-9, and the rod end and switch 
assembly having P/N 65-44760-28, are affected by the vibro-engraving. 
The same commenter states that the summary section should specify only 
slat actuators that have been modified by Boeing Alert Service Bulletin 
737-27A1211 (referenced in the proposed AD as the appropriate source of 
service information for accomplishment of certain actions) and have the 
rod end P/Ns specified above.
    The FAA does not agree to change the summary section in the final 
rule. The summary section in the AD already states that, ``This 
proposal is prompted by reports indicating that vibro-engraving was 
found on new rod ends. * * * ''

Request To Change Paragraphs (a) and (c)

    One commenter states that the paragraph (a) of the proposed AD be 
changed to specify line numbers (L/N) 1001 through 3063 inclusive. The 
commenter adds that L/Ns 3064 through 3132 inclusive should be removed 
from paragraph (a) of the proposed AD because airplanes having L/Ns 
3075, 3109, and 3116 have actuators with the new rod end that were 
installed during production.
    Another commenter asks that paragraph (c) of the proposed AD be 
changed to specify that the general visual inspection only be done on 
slat actuators that have been modified by Service Bulletin 737-27A1211, 
and that have rod ends with P/N 69-73485-9.
    We do not agree that paragraph (a) should be changed to specify the 
line numbers suggested by the commenter, nor do we agree that the 
general visual inspection specified in paragraph (c) need only be done 
on slat actuators that have been modified by Boeing Alert Service 
Bulletin 737-27A1211 and have P/N 69-73485-9. Some of the vibro-
engraved rod ends were shipped as spares and could now be installed on 
production airplanes having L/Ns 3064 through 3132 inclusive, which 
were not listed in the effectivity specified in Service Bulletin 737-
27A1211. We find that no change to the final rule is necessary in this 
regard.
    We do agree to add the part numbers of the rod ends that are 
affected by vibro-engraving to paragraph (c) of this final rule for 
clarification, as they were not specified in the proposed AD.

Credit for Previous Accomplishment of Certain Actions

    One commenter asks that paragraph (c) of the proposed AD be changed 
to give credit for doing the actions required by that paragraph per the 
two notes listed before the inspection procedures specified in the Work 
Instructions of Boeing Alert Service Bulletin 737-27A1243. Another 
commenter asks that operator record verification be added to the 
proposed AD as an alternative method of compliance (AMOC).
    We partially agree with the commenters. We agree to add a new 
paragraph (d) to this final rule to give credit for accomplishment of 
the actions done per the notes. We do not agree that an AMOC is 
necessary, because credit for the applicable actions has been added in 
paragraph (d) of this final rule.

Change to Final Rule

    We have changed the compliance time specified in paragraph (c)(1) 
of this final rule to add a grace period for airplanes on which the rod 
ends were replaced per Boeing Service Bulletin 737-27A1211, dated 
November 19, 1998; or Boeing Alert Service Bulletin 737-27A1211, 
Revision 2, dated December 21, 2000. The grace period was inadvertently 
omitted in the proposed AD.

Explanation of Editorial Change

    We have changed the service bulletin citations throughout this 
final rule to exclude the Evaluation Form. (The form is intended to be 
completed by operators and submitted to the manufacturer to provide 
input on the quality of the service bulletins; however, this AD does 
not include such a requirement.)

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 1,963 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 799 airplanes of U.S. 
registry will be affected by this AD.
    Replacement of the leading edge slat actuator with an actuator that 
has a new rod end is one option for compliance with the actions 
currently required by AD 2000-02-03. Replacement of the actuators on 
slat positions 1, 2, 5, and 6 takes approximately 3 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Required parts cost approximately $32,252 per airplane. Based on these 
figures, the cost impact of the installation of actuators with new rod 
ends, as provided by AD 2000-02-03 as one option, is estimated to be 
$32,432 per airplane.
    In lieu of installation of an actuator with a new rod end, AD 2000-
02-03

[[Page 4373]]

provides an option for replacement of the rod ends on the existing 
actuators. This action takes approximately 4 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts cost between approximately $5,928 and $21,544 per airplane. Based 
on these figures, the cost impact of the replacement of the rod ends, 
as provided by AD 2000-02-03 as a second option, is estimated to be 
between $6,168 and $21,784 per airplane.
    The new inspection that is required in this AD action will take 
approximately 2 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the inspection required by this AD on U.S. operators is 
estimated to be $95,880, or $120 per airplane.
    Should an operator be required to accomplish the replacement of the 
rod end, it would take approximately 1 work hour per rod end to 
accomplish the replacement, at an average labor rate of $60 per work 
hour. Required parts would cost between $2,917 and $5,527 per rod end. 
Based on these figures, the cost impact of any replacement action is 
estimated to be between $2,977 and $5,587 per rod end.
    Should an operator be required to accomplish the rework of the rod 
end, it would take approximately 2 work hours per rod end to accomplish 
the rework, at an average labor rate of $60 per hour. Based on these 
figures, the cost impact of the rework is estimated to be $120 per rod 
end.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-11521 (65 FR 
3801, January 25, 2000), and by adding a new airworthiness directive 
(AD), amendment 39-13029, to read as follows:

2003-03-05 Boeing: Amendment 39-13029. Docket 2001-NM-274-AD. 
Supersedes AD 2000-02-03, Amendment 39-11521.

    Applicability: Model 737-300, -400, and -500 series airplanes; 
line numbers 1001 through 3132 inclusive; certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (g)(1) 
of this AD. The request should include an assessment of the effect 
of the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracking of the rod ends of the actuators of 
the leading edge slats, which could result in failure of the rod 
ends, uncommanded deployment of the wing leading edge slat, and 
consequent reduced controllability of the airplane, accomplish the 
following:

Restatement of Requirements of AD 2000-02-03

Replacement

    (a) Within 24 months after February 29, 2000 (the effective date 
of AD 2000-02-03, amendment 39-11521): Replace the leading edge slat 
actuator with an actuator that has a new rod end, or replace the rod 
end on the existing slat actuator with a new rod end, at slat 
positions 1, 2, 5, and 6; in accordance with the Accomplishment 
Instructions in Boeing Alert Service Bulletin 737-27A1211, dated 
November 19, 1998; Revision 1, dated December 9, 1999; or Revision 
2, dated December 21, 2000, including Information Notice 737-27A1211 
IN 03, dated July 26, 2001, excluding Evaluation Form. As of the 
effective date of this AD, only Revision 2 of the service bulletin 
shall be used.

Part Installation

    (b) As of February 29, 2000, no person shall install any part 
having a part number identified in the ``Existing Part Number'' 
column of Section 2.E. of Boeing Alert Service Bulletin 737-27A1211, 
dated November 19, 1998, on any airplane.

New Requirements of This AD

One-Time Inspection

    (c) For airplanes on which the actions specified in Boeing Alert 
Service Bulletin 737-27A1211, Revision 2, dated December 21, 2000, 
including Information Notice 737-27A1211 IN 03, dated July 26, 2001, 
excluding Evaluation Form; have not been done: Do a one-time general 
visual inspection of the rod ends on the actuators of the wing 
leading edge slats, part numbers (P/N) 65-44760-28 and 69-73485-9, 
to determine if vibro-engraving was used to identify the rod ends, 
at the time specified in paragraph (c)(1) or (c)(2) of this AD; as 
applicable, per the Work Instructions of Boeing Alert Service 
Bulletin 737-27A1243, dated July 26, 2001, excluding Evaluation 
Form. If no vibro-engraving is found, no further action is required 
by this paragraph.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (1) For airplanes on which the rod ends were replaced as 
required by paragraph (a) of this AD, do the inspection at the later 
of the

[[Page 4374]]

times specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this AD.
    (i) Within 12,000 flight cycles or 42 months after doing the 
replacement per paragraph (a) of this AD, whichever is first.
    (ii) Within 12 months after the effective date of this AD.
    (2) For all other airplanes: Within 12,000 flight cycles or 42 
months after the effective date of this AD, whichever is first.
    (d) For airplanes having actuators with rod end assemblies P/Ns 
65-44760-28 and 69-73485-9: If maintenance records show that the 
assemblies on the airplane were never changed, or were exchanged 
with a rod end assembly directly acquired from Boeing or Parker 
Hannifin, and were not part-marked by vibro-engraving or other part 
markings that penetrate the surface, this is considered acceptable 
for compliance with the actions specified in paragraph (c) of this 
AD.

Corrective Action

    (e) If vibro-engraving is found during the inspection required 
by paragraph (c) of this AD: Before further flight, rework or 
replace the affected rod end with a new rod end, as applicable, per 
the Work Instructions of Boeing Alert Service Bulletin 737-27A1243, 
dated July 26, 2001, excluding Evaluation Form.

Part Installation

    (f) After the effective date of this AD, no person shall install 
on any airplane a rod end having vibro-engraving, or other part 
markings that penetrate the surface, unless that part has been 
reworked as required by this AD.

Alternative Methods of Compliance

    (g)(1) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Seattle ACO.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 2000-02-03, amendment 39-11521, are approved as 
alternative methods of compliance with paragraph (a) of this AD.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (h) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (i) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin 737-27A1211, 
dated November 19, 1998, Boeing Alert Service Bulletin 737-27A1211, 
Revision 1, dated December 9, 1999, or Boeing Alert Service Bulletin 
737-27A1211, Revision 2, dated December 21, 2000, including 
Information Notice 737-27A1211 IN 03, dated July 26, 2001, excluding 
Evaluation Form; and Boeing Alert Service Bulletin 737-27A1243, 
dated July 26, 2001, excluding Evaluation Form; as applicable.
    (1) The incorporation by reference of Boeing Alert Service 
Bulletin 737-27A1243, dated July 26, 2001, excluding Evaluation 
Form; and Boeing Alert Service Bulletin 737-27A1211, Revision 2, 
dated December 21, 2000, including Information Notice 737-27A1211 IN 
03, dated July 26, 2001, excluding Evaluation Form; is approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Boeing Alert Service 
Bulletin 737-27A1211, dated November 19, 1998; and Boeing Alert 
Service Bulletin 737-27A1211, Revision 1, dated December 9, 1999; 
was approved previously by the Director of the Federal Register as 
of February 29, 2000 (65 FR 3801, January 25, 2000).
    (3) Copies may be obtained from Boeing Commercial Airplane 
Group, P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.

Effective Date

    (j) This amendment becomes effective on March 5, 2003.

    Issued in Renton, Washington, on January 22, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-1832 Filed 1-28-03; 8:45 am]
BILLING CODE 4910-13-P