[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Rules and Regulations]
[Pages 59638-59640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20262]



[[Page 59638]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21346; Directorate Identifier 2005-NM-031-AD; 
Amendment 39-14336; AD 2005-20-39]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
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 adopting a new airworthiness directive (AD) for all 
Boeing Model 737-100, -200, -200C, -300, -400, and -500 series 
airplanes. This AD requires examining the airplane's maintenance 
records to determine if the main landing gear (MLG) has been overhauled 
and if Titanine JC5A (also known as Desoto 823E508) corrosion-
inhibiting compound (``CIC'') was used during the overhaul. For 
airplanes for which the maintenance records indicate that further 
action is necessary, or for airplanes on which CIC JC5A may have been 
used during manufacture, this AD requires a one-time detailed 
inspection for discrepancies of certain components of the MLG, and 
corrective action if necessary. This AD results from twelve reports of 
severe corrosion on one or more of three components of the MLG. We are 
issuing this AD to prevent collapse of the MLG, or damage to hydraulic 
tubing or the aileron control cables, which could result in possible 
departure of the airplane from the runway and loss of control of the 
airplane.

DATES: This AD becomes effective November 17, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 17, 
2005.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6440; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an 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 June 3, 2005 (70 FR 32534). That 
NPRM proposed to require operators to examine the airplane's 
maintenance records to determine if the main landing gear (MLG) has 
been overhauled and if Titanine JC5A (also known as Desoto 823E508) 
corrosion-inhibiting compound (``CIC'') was used during the overhaul. 
For airplanes for which the maintenance records indicate that further 
action is necessary, or for airplanes on which CIC JC5A may have been 
used during manufacture, that NPRM proposed to require a one-time 
detailed inspection for discrepancies of certain components of the MLG, 
and corrective action if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the NPRM

    One commenter expresses support for the NPRM.

Request To Specify ``Last Overhaul'' in Paragraph (g)(2)

    The commenter requests that we revise paragraph (g)(2) to specify 
that during the records examination, no further action is required by 
paragraph (g)(2) or paragraph (h) of the NPRM if CIC JC5A was not used 
on the trunnion pins or other parts of the MLG during the last 
overhaul. The NPRM merely stated ``during the overhaul.'' The commenter 
states that any damage which may have resulted from the use of CIC JC5A 
at overhauls prior to the last overhaul would have been detected and 
corrected at the last overhaul, thus any record review of overhauls 
prior to the last overhaul is unnecessary. The commenter further states 
that only the last overhaul is of interest in any records examination, 
and a change to specify the last overhaul would minimize labor 
expenditure for records research. Furthermore, the commenter states 
that the change would give paragraph (g)(2) and paragraph (h)(2) a 
similar structure.
    We agree with the commenter for the stated reasons. During each MLG 
overhaul, all the grease is removed and discrepancies are corrected. 
Thus, only the most recent overhaul is relevant to the actions in 
paragraph (g)(2). We have revised paragraph (g)(2) of the final rule to 
include the words ``most recent overhaul.''

Request To Clarify ``Aircraft Maintenance Records''

    The commenter requests that the term ``aircraft maintenance 
records'' be clarified in the final rule. The commenter states that the 
actual records do not contain detailed information about which 
corrosion-inhibiting compound was used to overhaul the MLG. According 
to the commenter, operators can only review the MLG component 
maintenance manual (CMM) and any associated documents to determine if 
Titanine JC5A CIC was ever used during overhaul. The commenter believes 
that a reference to the CMM should be specifically stated in the final 
rule.
    We do not agree with the commenter. The NPRM used the phrases 
``airplane maintenance records,'' and ``airplane records,'' which is 
consistent with the wording in Section 121.380 (``Maintenance Recording 
Requirements'') of the Federal Aviation Regulations (14 CFR 121.380). 
That regulation defines the maintenance recording requirements for 
certificate holders. The terms, as used in the NPRM, are not meant to 
imply that determination of the compound used must be determined from 
the airplane-level document; there may be other supporting documents 
that constitute part of ``airplane maintenance records'' or ``airplane 
records.'' Examples of such supporting documents include maintenance 
program documentation and maintenance task cards. We have not changed 
the final rule in this regard.

Request To Provide Instructions for Removing CIC JC5A and Approval 
Dates for CIC JC5A

    The commenter requests more precise directions for cleaning/
removing CIC

[[Page 59639]]

JC5A from the three components and other bearings, bushings, and lugs 
that must be cleaned. The commenter would like to know which cleaning 
products should be used and if there are any cleaning products that 
should not be used. The commenter also requests information about the 
dates during which CIC JC5A was an approved substitute for Boeing 
Material Specification (BMS) 3-37 grease.
    The comments do not pertain to the substance of the proposed rule 
and are best directed to the manufacturer. Any alternative procedures 
to the actions in this final rule may be used only if approved as an 
alternative method of compliance according to paragraph (l) of this AD.

Explanation of Additional Change Made to This AD

    We have simplified paragraph (i)(2) of the final rule by referring 
to the ``Alternative Methods of Compliance (AMOCs)'' paragraph for 
repair methods.

Clarifications Made to This AD

    To meet the requirements of the Office of the Federal Register for 
materials incorporated by reference, we have clarified paragraph (f) of 
the final rule to refer to the applicable service bulletin as ``Boeing 
Service Bulletin 737-32A1367, Revision 1, dated December 23, 2004,'' 
rather than ``Boeing Alert Service Bulletin * * * .'' Revision 1 of 
this service bulletin is not an alert service bulletin.
    We have revised the wording in paragraph (h)(1)(i) of the final 
rule to clarify the compliance time to refer to the ``date of issuance 
of the original standard airworthiness certificate or the date of 
issuance of the original export certificate of airworthiness,'' rather 
than ``the date of issuance of the original airworthiness certificate 
or the date of issuance of the original standard export certificate of 
airworthiness, whichever occurs later.'' We find that the revised 
wording is more precise.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comments 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 3,132 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                           Number of
                                                               Average                                         Cost per      U.S.-
                    Action                       Work hours   labor rate                Parts                  airplane    registered      Fleet cost
                                                               per hour                                                    airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Records examination...........................            1          $65  None.............................          $65        1,748           $113,620
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For airplanes that require a detailed inspection, we estimate that 
the inspection would take about 3 work hours per airplane to 
accomplish, at an average labor rate of $65 per work hour. Based on 
these figures, we estimate that the detailed inspection would cost 
about $195 per airplane.

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

    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 
adding the following new airworthiness directive (AD):

2005-20-39 Boeing: Amendment 39-14336. Docket No. FAA-2005-21346; 
Directorate Identifier 2005-NM-031-AD.

Effective Date

    (a) This AD becomes effective November 17, 2005.

Affected ADs

    (b) None.

[[Page 59640]]

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 twelve reports of severe corrosion on 
one or more of three components of the main landing gear (MLG). We 
are issuing this AD to prevent collapse of the MLG, or damage to 
hydraulic tubing or the aileron control cables, which could result 
in possible departure of the airplane from the runway and loss of 
control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Service Bulletin Reference

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Boeing Service Bulletin 737-32A1367, 
Revision 1, dated December 23, 2004.

Records Examination and Compliance Times

    (g) For all airplanes: Before the inspection required by 
paragraph (h) of this AD, examine the airplane records to determine 
if the MLG has been overhauled, and, for any overhauled MLG, if JC5A 
corrosion inhibiting compound (CIC) was used on the trunnion pin or 
other parts of the MLG.
    (1) For airplanes identified in the service bulletin as Group 2 
and Group 4: If records indicate conclusively that the MLG has not 
been overhauled, no further action is required by this paragraph or 
paragraph (h) of this AD.
    (2) For airplanes identified in the service bulletin as Group 1, 
Group 2, Group 3, and Group 4: If records indicate conclusively that 
the MLG has been overhauled and that CIC JC5A was not used on the 
trunnion pins or other parts of the MLG during the most recent 
overhaul, no further action is required by this paragraph or 
paragraph (h) of this AD.

Inspection and Corrective Action

    (h) For all airplanes, except as provided by paragraph (g)(1) 
and (g)(2) of this AD: At the applicable compliance time in 
paragraph (h)(1) or (h)(2) of this AD, do a detailed inspection for 
discrepancies of the applicable MLG components specified in the 
service bulletin. Do all applicable corrective actions before 
further flight after the inspection. Do all the actions in 
accordance with the service bulletin, except as required by 
paragraph (i) of this AD.
    (1) For airplanes identified in the service bulletin as Group 1 
and Group 3 for which records indicate conclusively that the MLG has 
not been overhauled: Inspect at the later of the times in paragraph 
(h)(1)(i) and (h)(1)(ii) of this AD.
    (i) Within 48 months after the date of issuance of the original 
standard airworthiness certificate or the date of issuance of the 
original export certificate of airworthiness.
    (ii) Within 6 months after the effective date of this AD.
    (2) For airplanes identified in the service bulletin as Group 1, 
Group 2, Group 3, and Group 4, for which records indicate 
conclusively that the MLG has been overhauled, and for which records 
indicate conclusively that CIC JC5A was used during the most recent 
overhaul; and for airplanes for which records do not show 
conclusively which CIC compound was used during the most recent 
overhaul: Inspect at the later of the times in paragraph (h)(2)(i) 
or (h)(2)(ii) of this AD.
    (i) Within 48 months after the landing gear was installed.
    (ii) Within 6 months after the effective date of this AD.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Contact Seattle Aircraft Certification Office (ACO) or Delegation 
Option Authorization (DOA) Organization for Certain Corrective Actions

    (i) If any discrepancy is found during any inspection required 
by this AD, and the service bulletin specifies to contact Boeing for 
appropriate action: Before further flight, do the action using a 
method approved in accordance with paragraph (l) this AD.

Use of JC5A Prohibited

    (j) As of the effective date of this AD, no person may use CIC 
JC5A on an MLG component on any airplane.

Actions Done According to Previous Revision of Service Bulletin

    (k) Actions done before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin 737-32A1367, dated 
August 19, 2004, are considered acceptable for compliance with the 
corresponding action specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle ACO, has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.
    (2) 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 DOA 
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.
    (3) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (m) You must use Boeing Service Bulletin 737-32A1367, Revision 
1, dated December 23, 2004, to perform the actions that are required 
by this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for a copy of this service information. You 
may review copies at the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal federal --
register/code-- of-- federal--regulations/ ibr--locations.html.

    Issued in Renton, Washington, on September 30, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-20262 Filed 10-12-05; 8:45 am]
BILLING CODE 4910-13-P