58906 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Proposed Rules 

(3) Apply BMS 10–86 Teflon-filled coating. 

Alternative Methods of Compliance (AMOCs) 

(m)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, ATTN: Ivan 

Li, Aerospace Engineer, Airframe Branch, 

ANM–120S, FAA, Seattle ACO, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 917–6437; 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. 

(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. 

Issued in Renton, Washington, on 

September 26, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–23824 Filed 10–7–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1070; Directorate 

Identifier 2008–NM–087–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–100, –200, –200C, –300, 

–400, and –500 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Boeing Model 737–100, –200, –200C, 

–300, –400, and –500 series airplanes. 

For all airplanes, this proposed AD 

would require repetitive overhaul of the 

retract actuator beam of the main 

landing gear (MLG). For certain 

airplanes, this proposed AD would 

require repetitive inspections for 

damage of the retract actuator beam, and 

related investigative and corrective 

actions if necessary. This proposed AD 

results from reports of broken retract 

actuator beams of the MLG and the 

subsequent failure of the MLG to fully 

retract. We are proposing 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: We must receive comments on 

this proposed AD by November 24, 

2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207. 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–1070; Directorate Identifier 

2008–NM–087–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

We have received reports of broken 

retract actuator beams of the main 

landing gear (MLG) and the subsequent 

failure of the MLG to fully retract. In 

one incident, hydraulic system A 

became unserviceable. In another 

incident, the flightcrew declared an 

emergency and made an air turn-back. 

For all the reports of MLG retract 

actuator beams that broke in service, the 

MLG fell to the down-and-locked 

position, and landings were normal. 

Investigation revealed that proper 

procedures were not followed during 

overhaul, resulting in stress corrosion 

cracking initiating from small corrosion 

pits that were not entirely removed. In 

one incident, cracking initiated in an 

area of heat damage/burning caused by 

incorrect stylus cadmium plating. 

Broken retract actuator beams of the 

MLG, if not corrected, 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. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin 737–32A1355, Revision 2, 

dated March 5, 2008. The service 

bulletin describes the procedures and 

compliance times specified in the 

following service information table. 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Proposed Rules 58907 

SERVICE INFORMATION

Applicability description Actions Compliance time 

All airplanes ........................................................ An overhaul of the beam is performed and improved finishes are applied. New fittings, 

bushings and bearings are installed. The lubrication passages must be cleared. The 

related investigative and corrective actions, 

if necessary, include a special detailed inspection for corrosion pits or damage of the 

beam, and repair before further flight. 

Within 180 days after the date of this service 

bulletin, or within 10 years from the date of 

the most recent overhaul of the beam, 

whichever occurs later. Repeat interval is 

not to exceed 10 years after the last overhaul. 

Group 1, Configuration 3 airplanes with a MLG 

retract actuator beam having part number (P/ 

N) 65–46108–14 and previous dash numbers 

that have not incorporated the original issue, 

Revision 1, or Revision 2 of the service bulletin.

A general visual inspection (GVI) of the beam 

is performed for damage, finish degradation, and corrosion. The related investigative and corrective actions, if necessary, include a special detailed inspection for corrosion pits or damage of the beam, and repair before further flight. 

Within 2 years after the date of this service 

bulletin. Repeat interval is not to exceed 2 

years after the last inspection. 

FAA’s Determination and Requirements 

of This Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. This proposed AD would 

require accomplishing the actions 

specified in the service information 

described previously, except as 

discussed under ‘‘Differences Between 

the Proposed AD and Service 

Information.’’ 

Differences Between the Proposed AD 

and Service Information 

Boeing Service Bulletin 737– 

32A1355, Revision 2, dated March 5, 

2008, does not specify a compliance 

time for repairing the retract actuator 

beam if damage, finish degradation, or 

corrosion is found. This proposed AD 

would require that those repairs be done 

before further flight after accomplishing 

the applicable inspections. 

Boeing Service Bulletin 737– 

32A1355, Revision 2, dated March 5, 

2008, specifies that the actions are for 

airplanes with new MLG retract actuator 

beams having P/N 65–46108–15 and 

subsequent dash numbers that have not 

been overhauled, and new or 

overhauled MLG retract actuator beams 

having P/N 65–46108–14 and previous 

dash numbers. However, MLG retract 

actuator beams which are not new or 

overhauled may also exhibit the 

identified unsafe condition. For this 

reason, this proposed AD is not limited 

to new or overhauled beams; the 

proposed AD would require that the 

actions be done on airplanes having any 

MLG retract actuator beam having one 

of those P/Ns. This correction will be 

included in the next revision of the 

service bulletin. 

We have coordinated these 

differences with the manufacturer. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 652 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action/airplane group Work hours Average labor 

rate per hour Parts cost Cost per product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Overhaul for Group 1; Configurations 1, 2, and 3.64 $80 None ............ $5,120, per overhaul cycle .. 652 $3,338,240 

Inspection for Group 1, Configuration 3.1 80 None ............ $80, per inspection cycle .... 525 42,000 

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 determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

2. Is not a ‘‘significant rule’’ under the 

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. 


dwashington3 on PRODPC61 with PROPOSALS
58908 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Proposed Rules 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Boeing: Docket No. FAA–2008–1070; 

Directorate Identifier 2008-NM–087–AD. 

Comments Due Date 

(a) We must receive comments by 

November 24, 2008. 

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 the service bulletin. 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 the service bulletin. 

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 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, 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; 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. 

(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. 

Issued in Renton, Washington, on 

September 26, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–23828 Filed 10–7–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Parts 620, 635, 636, and 710 

[FHWA Docket No. FHWA–2008–0136] 

RIN 2125–AF29 

Fair Market Value and Design-Build 

Amendments 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); request for comments. 

SUMMARY: This NPRM proposes to 

amend FHWA regulations, to require 

State departments of transportation 

(DOT) and other public authorities to 

negotiate for and obtain fair market 

value as part of any concession 

agreement involving a facility acquired 

or constructed with Federal-aid 

highway funds. Additionally, this 

NPRM proposes to amend FHWA 

regulations to permit public agencies to 

compete against private entities for the 

right to obtain a concession agreement 

involving such facilities. Also, this 

notice proposes to amend the designbuild regulations to permit contracting 

agencies to incorporate unsuccessful 

offerors’ ideas into a design-build 

contract upon the acceptance of a 

stipend. 

DATES: Comments must be received on 

or before November 7, 2008. Late-filed 

comments will be considered to the 

extent practicable. 

ADDRESSES: Mail or hand deliver 

comments to the U.S. Department of 

Transportation, Dockets Management 

Facility, Room PL–401, 400 Seventh 

Street, SW., Washington, DC 20590, or 

submit electronically at http:// 

dms.dot.gov/submit or fax comments to 

(202) 493–2251. 

Alternatively, comments may be 

submitted to the Federal eRulemaking 

portal at http://www.regulations.gov. All 

comments should include the docket 

number that appears in the heading of 

this document. All comments received 

will be available for examination and 

copying at the above address from 9 

a.m. to 5 p.m., e.t., Monday through 

Friday, except Federal holidays. Those 

desiring notification of receipt of 

comments must include a selfaddressed, stamped postcard or you 

may print the acknowledgment page 

that appears after submitting comments 

electronically. Anyone is able to search 

the electronic form of all comments in 

any of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, or 

labor union). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (Volume 65, Number 70, Pages 

19477–78) or you may visit http:// 

dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Marcus J. Lemon, Chief Counsel, Mr. 

Michael Harkins, Office of Chief 

Counsel, or Mr. Steve Rochlis, Office of 

Chief Counsel, (202) 366–0740, Federal 

Highway Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590–0001. Office hours are from 7:45 


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