[Federal Register Volume 68, Number 72 (Tuesday, April 15, 2003)]
[Rules and Regulations]
[Pages 18105-18107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8739]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-343-AD; Amendment 39-13108; AD 2003-07-12]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 737-100, -200, -200C, -300, -400, 
and -500 series airplanes, that requires inspection of landing gear 
parts and/or their records to see that parts have serial numbers and 
that each part's number of flight cycles has been tracked; assignment 
of serial numbers and flight cycle use numbers if necessary; and 
removal of individual landing gear components from service when they 
reach their life limit. This amendment also requires adding landing 
gear parts to the lists of safe-life components, and assigning life 
limits to landing gear parts already in service. The actions specified 
by this AD are intended to prevent failure of landing gear parts, which 
could lead to landing gear collapse. This action is intended to address 
the identified unsafe condition.

DATES: Effective May 20, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 20, 2003.

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: Suzanne Lucier, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6438; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes was published as a 
supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on September 25, 2002 (67 FR 60196). That action proposed to 
require inspection of landing gear parts and/or their records to see 
that parts have serial numbers and that each part's number of flight 
cycles has been tracked; assignment of serial numbers and flight cycle 
use numbers if necessary; and removal of individual landing gear 
components from service when they reach their life limit. That action 
also proposed to add landing gear parts to the lists of safe-life 
components, and assign life limits to landing gear parts already in 
service.

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 did not propose any changes, but 
asked for clarification of the meaning of certain sections in the 
supplemental NPRM. The FAA will provide this clarification directly to 
the commenter.

Request To Allow Disposition of Life-Limited Parts

    One commenter states that the serialization/tracking requirements 
specified in the supplemental NPRM are more restrictive than the 
requirements of section 43.10 of the Federal Aviation Regulations (14 
CFR 43.10), which govern the use of all life-limited parts. The 
commenter reiterates paragraph (c) of that regulation, and notes that 
six acceptable methods are listed for deterring the installation of a 
part after it has reached its life limit. The commenter adds that it 
currently uses two of those six methods (record keeping system and 
mutilation) to control all life-limited parts. The commenter also adds 
that it scraps/mutilates many of the less expensive life-limited 
components at the end of every overhaul cycle, and/or when the 
component is removed from service in the line maintenance environment. 
Then only new parts are used during line replacements and gear 
assemblies, with documentation in place to identify all parts that are 
handled by this method. The commenter asks that the FAA consider 
revising paragraphs (a), (b), (c), (d), and (e) of the supplemental 
NPRM to be consistent with the existing guidance in the specified 
regulation, as it provides adequate assurance of airworthiness.
    We do not agree with the commenter that the serialization/tracking 
requirements specified in the supplemental NPRM are more restrictive 
than those of the specified regulation. The requirements in paragraph 
(d) of this final rule do not specify the process the operators must 
use in order to remove the part from service. This final rule 
establishes the life limits for aircraft parts not previously tracked, 
whereas the regulation mandates the disposition of parts after they 
have reached their life limit.

Explanation of Change to Final Rule

    An internal review of the supplemental NPRM and the referenced 
service information indicates a difference between the two documents. 
Paragraph (b)(1) of the supplemental NPRM titled, ``Assignment of 
Serial Numbers and Flight Cycles,'' requires assigning a serial number 
to each part per a method approved by the Manager, Seattle Aircraft 
Certification Office, FAA. However, in Part 1.B. of the Accomplishment 
Instructions of Boeing Service Bulletin 737-32-1322, Revision

[[Page 18106]]

1, dated September 27, 2001, an acceptable method is defined for 
assigning serial numbers. Therefore, we have changed paragraph (b)(1) 
in this final rule to include the procedures in the service bulletin as 
an additional source for assigning serial numbers.

Explanation of Editorial Change

    We have changed the service bulletin citation 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 bulletin; 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 change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 3,132 Model 737-100, -200, -200C, -300, -
400, and -500 series airplanes of the affected design in the worldwide 
fleet. The FAA estimates that 1,099 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $65,940, or $60 per 
airplane.
    The cost impact figure discussed above is 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

0
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

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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-07-12 Boeing: Amendment 39-13108. Docket 2000-NM-343-AD.

    Applicability: Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes; certificated in any category; line numbers 1 
through 3132 inclusive.


    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) 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 failure of landing gear parts, which could lead to 
landing gear collapse, accomplish the following:

Inspection of Parts and/or Records

    (a) Within 10 years from the effective date of this AD, examine 
records and/or landing gear parts per Boeing Service Bulletin 737-
32-1322, Revision 1, excluding Evaluation Form, dated September 27, 
2001, to determine whether parts have serial numbers and whether the 
number of flight cycles for each part has been tracked. If landing 
gear parts have serial numbers, as listed in the service bulletin, 
and the number of flight cycles has been tracked, no further action 
is necessary for paragraphs (a), (b), or (c) of this AD.

Assignment of Serial Numbers and Flight Cycles

    (b) If any part examined, as mandated in paragraph (a) of this 
AD, does not have a serial number, within 10 years from the 
effective date of this AD, do the actions required by paragraphs 
(b)(1) and (b)(2) of this AD.
    (1) Assign a serial number to each part per Part 1.B. of the 
Accomplishment Instructions of Boeing Service Bulletin 737-32-1322, 
Revision 1, excluding Evaluation Form, dated September 27, 2001; or 
per a method approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA.
    (2) Mark the serial number on each part per Boeing Service 
Bulletin 737-32-1322, Revision 1, excluding Evaluation Form, dated 
September 27, 2001.
    (c) If flight cycles for any part examined, as mandated in 
paragraph (a) of this AD, have not been tracked, within 10 years 
from the effective date of this AD, assign a number of lifetime 
flight cycles to that part per Part 2.B. of the Accomplishment 
Instructions of Boeing Service Bulletin 737-32-1322, Revision 1, 
excluding Evaluation Form, dated September 27, 2001.

Removal From Service at Life Limit

    (d) When any landing gear part has reached its life-limit number 
of flight cycles, as described in Part 2.B. of the Accomplishment 
Instructions of Boeing Service Bulletin 737-32-1322, Revision 1, 
excluding Evaluation Form, dated September 27, 2001, before further 
flight, remove that part from service and replace it with a landing 
gear part having a serial number and a lifetime flight cycle number 
per the service bulletin.

Parts Installation

    (e) As of the effective date of this AD, no person shall install 
on any airplane a life-limited landing gear part unless it has been 
assigned a serial number and a lifetime flight cycle number per the 
requirements of this AD.
    (f) As of the effective date of this AD, no person shall install 
on any airplane a life-limited landing gear part that has reached 
its life limit of flight cycles, per Boeing Service Bulletin 737-32-
1322, Revision 1, excluding Evaluation Form, dated September 27, 
2001.

Alternative Methods of Compliance

    (g) An alternative method of compliance or adjustment of the 
compliance time that

[[Page 18107]]

provides an acceptable level of safety may be used if approved by 
the Manager, Seattle ACO. 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.

    Note 2: 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 provided in this AD, the actions shall be 
done in accordance with Boeing Service Bulletin 737-32-1322, 
Revision 1, excluding Evaluation Form, dated September 27, 2001. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. 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 May 20, 2003.

    Issued in Renton, Washington, on April 4, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-8739 Filed 4-14-03; 8:45 am]
BILLING CODE 4910-13-P