[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Rules and Regulations]
[Pages 71541-71545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27527]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0152; Directorate Identifier 2007-NM-348-AD;
Amendment 39-15745; AD 2008-24-05]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-400, -500, -600, -700,
-700C, -800, and -900 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 certain
Boeing Model 737-400, -500, -600, -700, -700C, -800, and -900 series
airplanes. This AD requires an inspection to determine the part and
serial numbers of the windshield wiper motors for the pilot's and first
officer's windshields, and doing applicable corrective actions. This AD
results from two reports that the left and right windshield wipers
stopped working in flight. We are issuing this AD to prevent
[[Page 71542]]
failure of the windshield wipers in wet weather, which could result in
decreased visibility for the flightcrew.
DATES: This AD is effective December 30, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 30,
2008.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207; telephone 206-544-9990; fax 206-766-5682; 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: Nick Wilson, Aerospace Engineer, Cabin
Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Airplane Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 917-6476; 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
certain Boeing Model 737-400, -500, -600, -700, -700C, -800, and -900
series airplanes. That NPRM was published in the Federal Register on
February 8, 2008 (73 FR 7492). That NPRM proposed to require an
inspection to determine the part and serial numbers of the windshield
wiper motors for the pilot's and first officer's windshields, and the
applicable corrective action.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request for Clarification of Certain Language
Boeing asks that the language in Note 1 of the NPRM, which
specifies ``determining the windshield wiper motor has been previously
replaced,'' be changed for clarification to ``determining whether the
power module replacement has been previously accomplished.'' Boeing
states that the list included as part of Rosemount Aerospace Service
Bulletin 2313M-347/2313M-348-30-01, dated June 30, 2006, provides
information for determining whether the power module has been replaced
with a properly soldered module.
We agree that the language in Note 1 of the AD should be clarified
because the part description is different in Boeing Alert Service
Bulletin 737-30A1059, dated September 10, 2007, and Boeing Service
Bulletin 737-30A1057, Revision 1, dated October 31, 2007 (referred to
in the AD as the appropriate sources of service information for
accomplishing the specified actions), and Rosemount Aerospace Service
Bulletin 2313M-347/2313M-348-30-01, dated June 30, 2006 (referred to as
an additional source of service information for determining the part
and serial numbers of the windshield wiper motors). Boeing Alert
Service Bulletin 737-30A1059, dated September 10, 2007, and Boeing
Service Bulletin 737-30A1057, Revision 1, dated October 31, 2007,
specify replacing the windshield wiper motor, and Rosemount Aerospace
Service Bulletin 2313M-347/2313M-348-30-01, dated June 30, 2006,
specifies replacing the power module of the windshield wiper motor. We
disagree with using Boeing's suggested wording, which could result in
confusion since the Boeing service bulletins specify replacing the
motor instead of replacing the power module. We have changed Note 1 for
clarification to include the description specified in Rosemount
Aerospace Service Bulletin 2313M-347/2313M-348-30-01, dated June 30,
2006.
Request for Credit for Previously Accomplished Actions
Boeing also asks that we change paragraph (h) of the NPRM to
include credit for Model 737-400 and -500 series airplanes on which the
actions specified in Boeing Alert Service Bulletin 737-30A1059, dated
September 10, 2007, were done before the effective date of the AD.
Boeing states that Boeing Alert Service Bulletin 737-30A1059, dated
September 10, 2007, provides instructions for corrective action for
those airplanes.
We acknowledge and agree with Boeing's intent that credit should be
given for actions done before the effective date of the AD. However, we
do not agree to include credit for using the original issue of the
service bulletin to do the actions specified in paragraph (h) of the
AD. Boeing Alert Service Bulletin 737-30A1059, dated September 10,
2007, is already referred to in paragraph (f) of this AD as the
appropriate source of service information for accomplishing the
inspection and corrective actions for Model 737-400 and -500 series
airplanes. Paragraph (e) of the AD specifies that compliance with the
AD before the effective date (comply within the compliance times
specified unless already done) meets the requirements of the AD. We
have made no change to the AD in this regard.
Requests To Clarify Requirements for Maintenance Record Review and Re-
Identifying the Wiper Motor Part Number
Southwest Airlines (SWA), KLM Fleet Services, and Airtran Airways
request clarification of the review of airplane maintenance records and
reidentification of the wiper motor part number, as specified in
paragraph (f) of the NPRM.
SWA asks why the wiper motor must be re-identified while on the
airplane since the review of airplane maintenance records is acceptable
in lieu of an on-airplane inspection of the wiper motor part number and
serial number. SWA also notes that the referenced service information
requires operators to re-identify the part number of a wiper motor that
has been determined to be in good and acceptable working condition. SWA
states that re-identifying the part number would be more efficient and
convenient if it could be done at the manufacturing facility during
maintenance when the motor is removed for another reason.
KLM states that it is unclear if it is still mandatory to re-
identify the wiper motor part number within the 60-month compliance
time after reviewing the maintenance records, knowing that the wiper
motor serial numbers are outside the affected modification range
specified in Rosemount Aerospace Service Bulletin 2313M-347/2313M-348-
30-01, dated June 30, 2006. KLM adds that intensive work is necessary
if the wiper motor must be re-identified even if it is not affected.
AirTran reiterates the views of SWA and KLM and adds that units
with replaced modules have eliminated the unsafe condition described in
the NPRM. AirTran states that the wiper
[[Page 71543]]
motors are located in a difficult location to view or access, and they
cannot be re-identified while installed. AirTran notes that gaining
access to the airplane, removing the wiper motor, re-identifying the
motor, and re-installing the motor is an undue burden on the airlines,
since the re-identification does not improve the safety of the
airplane. AirTran suggests that the final rule specify that, for
airplanes having a wiper motor module that has been replaced, as
indicated in Appendix A of Rosemount Aerospace Service Bulletin 2313M-
347/2313M-348-30-01, dated June 30, 2006, the part number may be
changed at the next shop visit, as opposed to changing the part number
in service.
We agree with the commenters' concerns. Operators may review the
maintenance records to comply with the AD during the 60-month
compliance time proposed in the NPRM, as long as applicable corrective
actions are also done in that time. In light of the comments provided,
we have determined that, in this case, if the wiper motor is not
affected by the requirements of the AD, re-identifying the wiper motor
part number is not necessary to ensure an acceptable level of safety.
Operators should not be required to remove and replace a part if it is
deemed to be an acceptable part. We have added this clarification to
paragraph (f) of this AD accordingly.
Request for Clarification of Wiper Motor Replacement Requirement
SWA asks that the wiper motor replacement be required only if the
part number and serial number cannot be read or are listed in Appendix
A of Rosemount Aerospace Service Bulletin 2313M-347/2313M-348-30-01,
dated June 30, 2006, with the ``Module Completed'' column marked as
``No'' (as specified in Steps 1.a. and 1.d., Section 3.B.--Work
Instructions) of Boeing Service Bulletin 737-30A1057, Revision 1, dated
October 31, 2007.
We agree with SWA. The procedures specified in Steps 1.a. and 1.d.
(and in Steps 2.a. and 2.d.) of the Work Instructions already specify
replacement of the wiper motor if the part number and serial number
cannot be read or are listed in Appendix A of Rosemount Aerospace
Service Bulletin 2313M-347/2313M-348-30-01, dated June 30, 2006, with
the ``Module Completed'' column marked as ``No''. The procedures in
Steps 1.b. and 1.c. of the Work Instructions specify re-identification
of the part if the part number and serial number are not listed in
Appendix A or are listed in Appendix A of Rosemount Aerospace Service
Bulletin 2313M-347/2313M-348-30-01, dated June 30, 2006, with the
``Module Completed'' column marked as ``Yes.'' The replacement is
required only if it meets the conditions specified in Boeing Service
Bulletin 737-30A1057, Revision 1, dated October 31, 2007, Steps 1.a.
and 1.d. (or Steps 2.a. and 2.d.), of the Work Instructions. Therefore,
we have made no change to the AD in this regard.
Request To Clarify Certain Part Numbers in Paragraphs (g) and (i) of
the NPRM
Air Transport Association (ATA) on behalf of its member Delta
Airlines states that the part numbers specified in paragraphs (g) and
(i) of the NPRM have variations (P/N 2313M347-3 or P/N 2313M348-3),
which should be noted in those paragraphs.
We agree with the commenters because the part numbers are the same,
the variation is only in the dashes; therefore we have added those
alternate part numbers to paragraphs (g) and (i) of this AD for
clarification.
Request To Correct Typographical Error in Rosemount Service Bulletin
ATA on behalf of its member Delta Airlines states that Rosemount
Aerospace Service Bulletin 2313M-347/2313M-348-30-01, dated June 30,
2006, has a typographical error in Appendix A as follows: For Model
Number 2313M-348-3, serial number (S/N) ``M252'' should be S/N
``M0252.'' Delta adds that this determination was made in cooperation
with Rosemount.
Based on the information provided by the commenter, and
confirmation from Rosemount Aerospace, we agree that the serial number
specified in Appendix A of Rosemount Aerospace Service Bulletin 2313M-
347/2313M-348-30-01, dated June 30, 2006, is incorrect. We have added a
new Note 2 to this AD to clarify the correct serial number as follows:
For Model Number 2313M-348-3, S/N ``M252'' should be S/N ``M0252.'' We
have been informed that Rosemount Aerospace Service Bulletin 2313M-347/
2313M-348-30-01, dated June 30, 2006, is being revised and the correct
serial number will be included in the revision.
Request To Clarify Certain Requirements in Boeing Service Bulletin
ATA on behalf of its member Delta Airlines states that Boeing
Service Bulletin 737-30A1057, dated October 6, 2006, referred to an
incorrect airplane maintenance manual (AMM) section for the Windshield
Wiper Motor System Operational Test. In addition, that service bulletin
did not provide wiper motor condition information in the Work
Instructions. That information was provided only in the Compliance
section of Boeing Service Bulletin 737-30A1057, dated October 6, 2006.
We infer that the commenters are asking that paragraph (h) of the
NPRM be revised to note these corrections; we agree with the
commenters. There were mistakes in Boeing Service Bulletin 737-30A1057,
dated October 6, 2006, which were corrected in Boeing Service Bulletin
737-30A1057, Revision 1, dated October 31, 2007 (referred to in the AD
as the appropriate source of service information for accomplishing the
actions). The commenter states that it identified and incorporated the
changes, which resulted in the issuance of Boeing Service Bulletin 737-
30A1057, Revision 1, dated October 31, 2007. The AMM section specified
accomplishing the operational test in Boeing Alert Service Bulletin
737-30A1057, dated October 6, 2006, is AMM 30-42-21/501; the correct
AMM section specified for accomplishing the operational test in Boeing
Service Bulletin 737-30A1057, Revision 1, dated October 31, 2007, is
AMM 30-42-00/501. We have clarified paragraph (h) of this AD to refer
to Boeing Service Bulletin 737-30A1057, Revision 1, dated October 31,
2007, to ensure that the mistakes in the original issue of the service
bulletin have been addressed.
Request To Extend Compliance Time
ATA on behalf of its member American Airlines (AAL) notes concern
with the 60-month compliance time specified for accomplishing the
actions specified in the NPRM. AAL states that its standard maintenance
interval is 72 months; therefore, a 60-month compliance time could
unnecessarily drive up out-of-service time and related costs. AAL
recommends that we extend the compliance time to 72 months to align
with industry standard material review board task intervals.
We do not agree to extend the compliance time. In developing an
appropriate compliance time for this action, we considered the urgency
associated with the subject unsafe condition, the availability of
required parts, and the practical aspect of accomplishing the required
actions within a period of time that corresponds to the normal
scheduled maintenance for most affected operators. In light of these
items, we have determined that a 60-month compliance time is
appropriate. However, under the provisions of paragraph (j) of the AD,
we will consider requests to adjust the compliance time if sufficient
data are submitted to substantiate that the new
[[Page 71544]]
compliance time would provide an acceptable level of safety. We have
made no change to the AD in this regard.
Request To Allow an Alternative Method for Part Number Marking
SWA asks that another method of part marking be included in the
NPRM. SWA asks why ``classification RO'' (Rubber Stamp Only per
BAC5307) must be used to change the part number on the wiper motor. SWA
asks that the NPRM allow another form of acceptable marking for the
part number, such as permanent marker.
We agree that any permanent method of part marking is acceptable.
We have added a new Note 3 to this AD to clarify that any permanent
method is acceptable.
Request To Change Parts Installation Paragraph
WestJet asks that paragraph (i) of the NPRM (Parts Installation) be
changed as follows: ``As of the effective date of this AD, no person
may install on any aircraft a Rosemount Aerospace windshield wiper
motor having P/N 2313M-347-3 or P/N 2313M-348-3 that has a serial
number that is listed in Rosemount Aerospace Service Bulletin 2313M-
347/2313M-348-30-01.'' WestJet states that windshield wiper motors
having P/N 2313M-347-3 and P/N 2313M-348-3 with serial numbers outside
of the affected modification range, that have not yet been ``re-
labeled'' per Rosemount Aerospace Service Bulletin 2313M-347/2313M-348-
30-01, dated June 30, 2006, may be installed on any aircraft. WestJet
adds that this change would allow operators to install a ``mechanically
serviceable'' part (that has not yet been ``re-labeled'') on an
aircraft.
We do not agree to change paragraph (h) of the AD. Common industry
practice is to control part configuration by part number, not by serial
number. While we already agreed that it is not necessary to remove
parts from the airplane just to revise the part numbers, we do not
agree that it is acceptable to install the subject replacement parts
without revising the part number. Ensuring that only parts with correct
part numbers are installed on the airplane is an important part of
maintaining configuration control and safe operation of the fleet. We
have made no change to the AD in this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 767 airplanes of U.S. registry. We
also estimate that it takes about 1 work-hour per product to comply
with the inspection. The average labor rate is $80 per work-hour. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $61,360 or $80 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 airplane 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, Airplane, 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:
2008-24-05 Boeing: Amendment 39-15745. Docket No. FAA-2008-0152;
Directorate Identifier 2007-NM-348-AD.
Effective Date
(a) This airworthiness directive (AD) is effective December 30,
2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the Boeing airplanes identified in
paragraphs (c)(1) and (c)(2) of this AD, certificated in any
category.
(1) Model 737-400 and -500 series airplanes as identified in
Boeing Alert Service Bulletin 737-30A1059, dated September 10, 2007.
(2) Model 737-600, -700, -700C, -800, and -900 series airplanes
as identified in Boeing Service Bulletin 737-30A1057, Revision 1,
dated October 31, 2007.
Unsafe Condition
(d) This AD results from two reports that the left and right
windshield wipers stopped working in flight. We are issuing this AD
to prevent failure of the windshield wipers in wet weather, which
could result in decreased visibility for the flightcrew.
Compliance
(e) Comply with this AD within the compliance times specified,
unless already done.
Inspection and Corrective Actions if Necessary
(f) Except as provided by paragraph (g) of this AD: Within 60
months after the effective date of this AD, inspect to determine the
part number and serial number of the windshield wiper motors for the
pilot's and first officer's windshields, and do all applicable
corrective actions, by accomplishing all of the applicable actions
specified in the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-30A1059, dated September 10, 2007 (for Model 737-400
and -500 series airplanes); or Boeing Service Bulletin 737-30A1057,
Revision 1, dated October 31, 2007 (for Model 737-600, -700,
[[Page 71545]]
-700C, -800, and -900 series airplanes); as applicable. A review of
airplane maintenance records is acceptable in lieu of the inspection
required by paragraph (f) of this AD if the part number and serial
number of the windshield wiper motors can be conclusively determined
from that review. Following the inspection or records review, as
applicable, for any windshield wiper motor that is found not to be
affected by the requirements of this AD, re-identifying the part
number is not required.
Note 1: Boeing Alert Service Bulletin 737-30A1059, dated
September 10, 2007; and Boeing Service Bulletin 737-30A1057,
Revision 1, dated October 31, 2007; refer to Rosemount Aerospace
Service Bulletin 2313M-347/2313M-348-30-01, dated June 30, 2006, as
an additional source of service information for determining whether
the windshield wiper motor (identified in the Rosemount service
bulletin as the ``power module'') has been previously replaced and
for changing the part number.
Note 2: Appendix A of Rosemount Aerospace Service Bulletin
2313M-347/2313M-348-30-01, dated June 30, 2006, identifies an
incorrect serial number for Model Number 2313M-348-3. Serial number
M252'' should be M0252.
Note 3: Rosemount Aerospace Service Bulletin 2313M-347/2313M-
348-30-01, dated June 30, 2006, specifies marking affected parts
with an approved opaque material per BAC5307, classification RO,
with an approved permanent marking material; however, for the
purposes of this AD, any permanent method of part marking is
acceptable.
Credit for Modification Done According to AD 2003-20-13
(g) For Model 737-400, -500, -600, -700, and -800 series
airplanes: Accomplishing the modification required by paragraph (b)
of AD 2003-20-13, amendment 39-13331, is acceptable for compliance
with the requirements of paragraph (f) of this AD, provided that no
Rosemount Aerospace windshield wiper motor having P/N 2313M-347-3 or
P/N 2313M-348-3 (P/N 2313M347-3 or P/N 2313M348-3) has been
installed.
Credit for Actions Done According to Previous Issue of Service Bulletin
(h) For Model 737-600, -700, -700C, -800, and -900 series
airplanes: Actions done before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 737-30A1057, dated
October 6, 2006, are acceptable for compliance with the requirements
of paragraph (f) of this AD; provided that the wiper motor serial
number was legible for inspection purposes and the operational test
specified in Step 3 in Work Packages 2 and 3 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-30A1057, Revision
1, dated October 31, 2007, was completed.
Parts Installation
(i) As of the effective date of this AD, no person may install
Rosemount Aerospace windshield wiper motors having P/N 2313M-347-3
or P/N 2313M-348-3 (P/N 2313M347-3 or P/N 2313M348-3) on any
airplane.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Seattle Airplane Certification Office, FAA,
ATTN: Nick Wilson, Aerospace Engineer, Cabin Safety and
Environmental Systems Branch, ANM-150S, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone (425) 917-6476; 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.
Material Incorporated by Reference
(k) You must use Boeing Alert Service Bulletin 737-30A1059,
dated September 10, 2007; or Boeing Service Bulletin 737-30A1057,
Revision 1, dated October 31, 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; telephone 206-544-9990; fax 206-766-5682; e-mail
[email protected]; Internet https://www.myboeingfleet.com.
(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 November 10, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Airplane Certification
Service.
[FR Doc. E8-27527 Filed 11-24-08; 8:45 am]
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