[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Rules and Regulations]
[Pages 21251-21254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9926]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1070; Directorate Identifier 2008-NM-087-AD; 
Amendment 39-15893; AD 2009-09-07]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
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 737-100, -200, -200C, -300, -400, and -500 series 
airplanes. For all airplanes, this AD requires repetitive overhaul of 
the retract actuator beam of the main landing gear (MLG). For certain 
airplanes, this AD requires repetitive inspections for damage of the 
retract actuator beam, and related investigative and corrective actions 
if necessary. This AD results from reports of broken retract actuator 
beams of the MLG and the subsequent failure of the MLG to fully 
retract. We are issuing this AD to detect and correct broken retract 
actuator beams of the MLG, which could cause damage to the beam arm, 
hydraulic tubing, and flight control cables. Damage to the flight 
control cables could result in loss of control of the airplane.

DATES: This AD is effective June 11, 2009.

[[Page 21252]]

    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 11, 
2009.

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: 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

    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 737-100, -200, -200C, -300, -400, and -500 series 
airplanes. That NPRM was published in the Federal Register on October 
8, 2008 (73 FR 58906). For all airplanes, that NPRM proposed to require 
repetitive overhaul of the retract actuator beam of the main landing 
gear (MLG). For certain airplanes, that NPRM proposed to require 
repetitive inspections for damage of the retract actuator beam, and 
related investigative and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the commenters.

Support for the NPRM

    Boeing concurs with the contents of the NPRM.

Request To Change Overhaul Requirements

    Continental Airlines (CAL) asks that we not mandate overhaul of the 
retract actuator beam using the instructions specified in the 
Accomplishment Instructions of Boeing Service Bulletin 737-32A1355, 
Revision 2, dated March 5, 2008. CAL states that the reason for release 
of Boeing Service Bulletin 737-32A1355, Revision 2, is Boeing's concern 
regarding shop process deficiencies at some repair facilities where 
correct overhaul procedures were not followed. CAL finds this reasoning 
detrimental to all operators that follow correct overhaul procedures at 
their repair facilities.
    CAL landing gear components, including the retract actuator beams 
of the left and right main landing gear, are time controlled per the 
Boeing 737-300/-500 Maintenance Program and are scheduled to be 
overhauled at 10-year intervals at an FAA-approved landing gear 
overhaul facility. CAL also makes the following recommendations 
regarding Boeing Service Bulletin 737-32A1355, Revision 2:
     The stripping of all chrome and nickel plating specified 
in Step 4 of Figure 2 should be included as an option, as in the Boeing 
737 Component Maintenance Manual (CMM), Section 32-00-05.
     The nital etch inspection of machined surfaces specified 
only in Step 9 of Figure 2 should not be limited to machined surfaces.
     The stress relieving of the part specified in Step 10 of 
Figure 2 should be an optional step, as specified in Boeing 737 CMM, 
Section 32-00-05.
     The shot peening of the entire part specified in Step 12 
of Figure 2 should be limited to the machined areas of the part since 
the geometry of the actuator beam does not allow for effective shot 
peening of the entire area.
     A caution note for arc burns associated with grounding 
(similar to Step 14) should be included in Step 13 of Figure 2.
    We disagree that using the instructions specified in the 
Accomplishment Instructions of Boeing Service Bulletin 737-32A1355, 
Revision 2, dated March 5, 2008, to perform the overhaul of the retract 
actuator beam should not be mandated. Revision 2 of Boeing Service 
Bulletin 737-32A1355 references improved overhaul procedures, and those 
procedures are required by this AD. However, according to the 
provisions of paragraph (i) of this AD, we may approve a request for 
using different overhaul procedures if the request includes data that 
prove that those procedures would provide an acceptable level of 
safety. We have not changed the AD in this regard.
    We acknowledge the request for changes to Boeing Service Bulletin 
737-32A1355, Revision 2. At the present time, Boeing has not issued a 
revised service bulletin with the changes. However, if Boeing Service 
Bulletin 737-32A1355, Revision 2, is revised after issuance of this AD, 
we might consider approving the revised service bulletin as an 
alternative method of compliance (AMOC) with the requirements of this 
AD. We have not changed 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 as proposed.

Costs of Compliance

    We estimate that this AD affects 652 airplanes of U.S. registry. 
The following table provides the estimated costs for U.S. operators to 
comply with this AD.

                                                                     Estimated Costs
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                                                                                                                          Number of U.S.-
        Action/airplane group            Work hours     Average labor         Parts cost             Cost per product       registered      Fleet cost
                                                        rate per hour                                                        airplanes
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Overhaul for Group 1; Configurations               64             $80  None....................  $5,120, per overhaul                652      $3,338,240
 1, 2, and 3.                                                                                     cycle.
Inspection for Group 1, Configuration               1              80  None....................  $80, per inspection                 525          42,000
 3.                                                                                               cycle.
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[[Page 21253]]

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:

2009-09-07 Boeing: Amendment 39-15893. Docket No. FAA-2008-1070; 
Directorate Identifier 2008-NM-087-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective June 11, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from reports of broken retract actuator 
beams of the main landing gear (MLG) and the subsequent failure of 
the MLG to fully retract. We are issuing this AD to detect and 
correct broken retract actuator beams of the MLG, which could result 
in damage to the beam arm, hydraulic tubing, and flight control 
cables. Damage to the flight control cables could result in loss of 
control of the airplane.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Inspection and Related Investigative and Corrective Actions/Overhaul

    (f) Except as provided by paragraphs (g) and (h) of this AD: At 
the applicable times specified in paragraph 1.E. of Boeing Service 
Bulletin 737-32A1355, Revision 2, dated March 5, 2008, inspect for 
damage of the retract actuator beam of the MLG and overhaul the 
retract actuator beam, as applicable, by doing all the applicable 
actions specified in the Accomplishment Instructions of Boeing 
Service Bulletin 737-32A1355, Revision 2, dated March 5, 2008. Do 
all applicable related investigative and corrective actions before 
further flight. Repeat the applicable inspection or overhaul 
thereafter at the applicable time specified in paragraph 1.E. of 
Boeing Service Bulletin 737-32A1355, Revision 2, dated March 5, 
2008.

Exceptions to Service Information

    (g) Where Boeing Service Bulletin 737-32A1355, Revision 2, dated 
March 5, 2008, specifies a compliance time after ``* * * the date on 
this service bulletin,'' this AD requires compliance within the 
specified compliance time after the effective date of this AD.
    (h) Boeing Service Bulletin 737-32A1355, Revision 2, dated March 
5, 2008, specifies that the actions are for airplanes with new MLG 
retract actuator beams that have not been overhauled having part 
number (P/N) 65-46108-15 and subsequent dash numbers; and new or 
overhauled MLG retract actuator beams having P/N 65-46108-14 and 
previous dash numbers. However, this AD is not limited to new or 
overhauled beams. This AD requires that the actions required by 
paragraph (f) of this AD be done on airplanes with any MLG retract 
actuator beam having those P/Ns.

Alternative Methods of Compliance (AMOCs)

    (i)(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 Aircraft Certification Office, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 917-6440; fax (425) 
917-6590; or e-mail information to [email protected].
    (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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards 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 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, and the approval must specifically refer to this 
AD.

Material Incorporated by Reference

    (j) You must use Boeing Service Bulletin 737-32A1355, Revision 
2, dated March 5, 2008, 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 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 or 425-227-1152.
    (4) 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.


[[Page 21254]]


    Issued in Renton, Washington, on April 22, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-9926 Filed 5-6-09; 8:45 am]
BILLING CODE 4910-13-P