[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Rules and Regulations]
[Pages 59493-59494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23658]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0357; Directorate Identifier 2008-NM-005-AD; 
Amendment 39-15687; AD 2008-21-03]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-300, -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 737-300, -400, and -500 series airplanes. This AD requires 
repetitive inspections for discrepancies of the fuse pins of the 
inboard and outboard midspar fittings of the nacelle strut, and 
corrective actions if necessary. This AD results from a report of 
corrosion damage of the chrome runout on the head side found on all 
four midspar fuse pins of the nacelle strut. Additionally, a large 
portion of the chrome plate was missing from the corroded area of the 
shank. We are issuing this AD to detect and correct discrepancies of 
the fuse pins of the inboard and outboard midspar fittings of the 
nacelle strut, which could result in reduced structural integrity of 
the fuse pins and consequent loss of the strut and separation of the 
engine from the airplane.

DATES: This AD is effective November 13, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 13, 
2008.

ADDRESSES: 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 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: Allen Rauschendorfer, Aerospace 
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6432; 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 737-300, -400, and -500 series airplanes. That NPRM 
was published in the Federal Register on March 26, 2008 (73 FR 15959). 
That NPRM proposed to require repetitive inspections for discrepancies 
of the fuse pins of the inboard and outboard midspar fittings of the 
nacelle strut, and corrective actions if necessary.

Comments

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

Support for the NPRM

    Boeing supports the NPRM.
    Deutsche Lufthansa (DLH) states that during inspections done per 
the AMM, for which the left- and right-hand pylons have to be removed, 
it observed several instances of corrosion or damaged chrome plating of 
the midspar fuse pins; the defective pins were replaced. Therefore, DLH 
supports the repetitive inspections of the fuse pins.

Request for Credit for Initial Inspection

    DLH asks that the initial inspection procedure done per Maintenance 
Planning Document (MPD) Item 54-322-01, of the applicable airplane 
maintenance manual (AMM), be acceptable for compliance with the initial 
inspection required by the NPRM. In addition, DLH does not support the 
compliance times for the initial inspection. DLH feels that the 
inspection of the fuse pins done during its maintenance check per the 
AMM provides the same level of safety as the initial inspection done 
per the service bulletin referenced in the NPRM.
    We do not agree. The AMM only includes procedures for access and 
does not provide inspection procedures; therefore, the service bulletin 
provides the inspection procedures. If DLH believes that its inspection 
procedures provide an acceptable alternative, under the provisions of 
paragraph (g) of this AD, we will consider requests for approval of an 
alternative method of compliance if sufficient data are submitted to 
substantiate that the alternative inspection would provide an 
acceptable level of safety.

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 will affect 616 airplanes of U.S. 
registry. We also estimate that it will take 4 work-hours per product 
to comply with the inspection in this AD. The average labor rate is $80 
per work-hour. Based on these figures, we estimate the cost of

[[Page 59494]]

this AD to the U.S. operators to be $197,120, or $320 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 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:

2008-21-03 Boeing: Amendment 39-15687. Docket No. FAA-2008-0357; 
Directorate Identifier 2008-NM-005-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective November 13, 
2008.

Affected ADs

    (b) None.

Applicability

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

Unsafe Condition

    (d) This AD results from a report of corrosion damage of the 
chrome runout on the head side found on all four midspar fuse pins 
of the nacelle strut. Additionally, a large portion of the chrome 
plate was missing from the corroded area of the shank. We are 
issuing this AD to detect and correct damage of the fuse pins of the 
inboard and outboard midspar fittings of the nacelle strut, which 
could result in reduced structural integrity of the fuse pins and 
consequent loss of the strut and separation of the engine from the 
airplane.

Compliance

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

Repetitive Inspections/Corrective Actions

    (f) At the applicable time specified in paragraph 1.E., 
``Compliance'' of Boeing Special Attention Service Bulletin 737-54-
1044, dated December 10, 2007; except, where the service bulletin 
specifies a compliance time after the date on the service bulletin, 
this AD requires compliance within the specified compliance time 
after the effective date of this AD: Do a detailed inspection for 
discrepancies of the fuse pins of the inboard and outboard midspar 
fittings of the nacelle strut by doing all the actions, including 
all applicable corrective actions, in accordance with the 
Accomplishment Instructions of the service bulletin. Do all 
applicable corrective actions before further flight. Repeat the 
inspection at the time specified in paragraph 1.E. of the service 
bulletin.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Allen Rauschendorfer, Aerospace Engineer, Airframe 
Branch, ANM-120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6432; 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.

Material Incorporated by Reference

    (h) You must use Boeing Special Attention Service Bulletin 737-
54-1044, dated December 10, 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.
    (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 September 29, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-23658 Filed 10-8-08; 8:45 am]
BILLING CODE 4910-13-P