Airworthiness Directives; The Boeing Company Model 737-300, -400, and -500 Series Airplanes, 9498-9501 [2011-3651]

Download as PDF 9498 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Rules and Regulations expenditures will be made. The FAA also uses a 7 percent discount rate to calculate the present values of the costs. The AD does not require any additional inspections after the replacement spar has been installed because the replacement spars are higher quality than the original equipment. Thus, the AD will impose two types of compliance costs. The first are the costs from the inspections. The second are the costs to the category 1 Air Tractor operators that will need to install a center web plate and splice blocks at 4,100 TIS hours. As seen in Table 2, the cost to comply with the AD requirements for inspections during the ten-year period would be $55,900, which, using a 7 percent discount rate, has a present value of $39,260. TABLE 2—TOTAL AND PRESENT VALUE COMPLIANCE COSTS TO COMPLY WITH THE INSPECTIONS REQUIRED BY THE AD [2011–2020] Number of inspections by year Manufacture year Total 2011 2013 2014 2015 2016 2017 2018 2019 2020 (Cat 1) ............. (Cat 2) ............. ......................... ......................... ......................... ......................... 6 0 0 0 0 0 0 4 0 0 0 0 0 0 10 0 0 0 0 0 0 6 0 0 0 4 0 0 13 0 0 0 10 0 0 7 0 0 0 6 0 0 0 0 0 0 13 0 0 0 0 0 0 7 0 0 0 0 0 0 6 8 20 12 26 14 Total .................. 6 4 10 6 17 17 6 13 7 0 86 Total Cost .......... $3,900 $2,600 $6,500 $3,900 $11,050 $11,050 $3,900 $8,450 $4,550 $0 $55,900 Present Value ... WReier-Aviles on DSKGBLS3C1PROD with RULES 2000 2000 2001 2002 2003 2004 2012 $3,645 $2,271 $5,306 $2,975 $7,878 $7,363 $2,429 $4,918 $2,475 $0 $39,260 Each of the 6 category 1 Air Tractor airplane operators will need to spend $25,500 to install the center web plate and splice blocks in 2012, which has a present value of $22,273 using a 7 percent discount rate. The total cost to install this equipment on these 6 airplanes is $153,000, which has a present value of $133,638 using a 7 percent discount rate. Thus, the total cost would be $208,900, which has a present value of $172,898 using a 7 percent discount rate. However, these costs are unequally distributed across the 34 operators. The six category 1 Air Tractor airplane operators will need to spend $26,150 an airplane while the category 2 Air Tractor airplane operators will need to spend between $650 and $1,300 an airplane. (5) A description of the steps the agency has taken to minimize the significant economic impact of the final rule on small entities. The FAA is responsible for the safety of U.S.-registered aircraft and U.S. operators. The FAA has not identified any significant alternatives to this final rule that accomplish the stated objectives of applicable statutes, and which minimize any significant economic impact of the final rule SFAR on small entities. (6) An identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap, or conflict with the final rule. VerDate Mar<15>2010 13:14 Feb 17, 2011 Jkt 223001 The FAA knows of no other Federal rules which duplicate, overlap, or conflict with the final rule. DEPARTMENT OF TRANSPORTATION Determination of Significant Impact 14 CFR Part 39 As discussed in the compliance cost section, all of these operators are small businesses. Further, nearly all of them are privately held businesses that do not file reports that the FAA can access to determine annual revenues. However, the FAA can determine that the average value of an Air Tractor Model AT–800A serial number 0091–0101 is about $650,000. This rule requires the 6 operators of these airplanes to spend about 4 percent ($25,500) of the value of the airplane on a repair. The FAA believes that this magnitude of an expenditure could place these six operators in some financial difficulty. Therefore, this final rule will have a significant economic impact on a substantial number of small entities. [Docket No. FAA–2010–0379; Directorate Identifier 2009–NM–210–AD; Amendment 39–16609; AD 2011–04–10] Issued in Kansas City, Missouri, on February 11, 2011. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–3653 Filed 2–17–11; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Federal Aviation Administration RIN 2120–AA64 Airworthiness Directives; The Boeing Company Model 737–300, –400, and –500 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is superseding an existing airworthiness directive (AD), which applies to all Model 737–300, –400, and –500 series airplanes. That AD currently requires inspecting to determine if certain carriage spindles are installed, repetitive inspections for corrosion and indications of corrosion on affected carriage spindles, and if necessary, related investigative and corrective actions. That AD also provides an optional terminating action. This new AD mandates the optional terminating action, which eliminates the need for the repetitive inspections. This AD results from reports of corrosion found on carriage spindles that are located on the outboard trailing edge flaps. We are issuing this AD to detect and correct corrosion of the carriage spindle, which could result in fracture. SUMMARY: E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Rules and Regulations Fracture of both the inboard and outboard carriage spindles, in the forward ends through the large diameters, on a flap, could adversely affect the airplane’s continued safe flight and landing. DATES: This AD becomes effective March 25, 2011. On November 24, 2009 (74 FR 57564, November 9, 2009), the Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD. On August 5, 2008 (73 FR 42259, July 21, 2008), the Director of the Federal Register approved the incorporation by reference of a certain other publication listed in the AD. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124– 2207; telephone 206–544–5000, extension 1, fax 206–766–5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.com. WReier-Aviles on DSKGBLS3C1PROD with RULES Examining the AD Docket You may examine the AD docket on the Internet at https:// 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 The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that supersedes AD 2009–23–10, Amendment 39–16084 (74 FR 57564, November 9, 2009). The existing AD applies to all Model 737–300, –400, and –500 series airplanes. That NPRM was published in the Federal Register on April 8, 2010 (75 FR 17882). That NPRM proposed to continue to require inspecting to determine if certain carriage spindles are installed, repetitive VerDate Mar<15>2010 13:14 Feb 17, 2011 Jkt 223001 inspections for corrosion and indications of corrosion on affected carriage spindles, and if necessary, related investigative and corrective actions. The existing AD also provides an optional terminating action. That NPRM also proposed to mandate the optional terminating action, which would eliminate the need for the repetitive inspections. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM. Request To Revise Paragraph (k) of the NPRM Boeing, Continental Airlines (CAL), and British Airways Plc requested that paragraph (k) of the NPRM be revised to identify additional replacement parts for the affected high velocity oxy-fuel (HVOF)-coated spindles. (Paragraph (k) of the NPRM proposed to require replacement of HVOF-coated carriage spindles having serial numbers identified in Table 2 or 3 of Appendix A of Boeing Service Bulletin 737– 57A1304, Revision 1, dated August 11, 2009, with either a non-HVOF-coated carriage spindle, or with a serviceable HVOF-coated carriage spindle with an ‘R’ suffix on the serial number. Tables 2 and 3 of that service bulletin identify both part numbers and serial numbers of the affected carriage spindles.) Boeing requested that we revise paragraph (k) of the NPRM to specify that ‘‘new’’ HVOF-coated carriage spindles with serial numbers not listed in Table 2 or 3 of Appendix A of the referenced Boeing service bulletin are also acceptable replacements. British Airways Plc requested that we revise paragraph (k) of the NPRM to add ‘‘serviceable’’ carriage spindles not listed in Table 2 or 3 of Appendix A of the referenced Boeing service bulletin as acceptable replacements. CAL noted that there is no mention in paragraph (k) of the NPRM of ‘‘serviceable,’’ non-suspect HVOF-coated carriage spindles that do not have an ‘R’ suffix. CAL indicated that those particular carriage spindles are not listed in Tables 2 and 3 of Appendix A and, therefore, are not affected by the NPRM. In light of this, CAL requested that paragraph (k) of the NPRM be revised to specify that the repetitive inspections can be terminated by replacing affected HVOF-coated carriage spindles with serviceable, non-suspect HVOF-coated carriage spindles that do not have an ‘R’ suffix. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 9499 We agree with the commenters’ requests. We have revised paragraph (j) of the final rule (paragraph (k) of the NPRM) to include the following carriage spindles as acceptable replacements: (1) Non-HVOF-coated carriage spindles; (2) new or serviceable HVOF-coated carriage spindles having serial numbers that are NOT identified in Table 2 or Table 3 of Appendix A of Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009, without an ‘R’ suffix on the serial number; and (3) serviceable HVOF-coated carriage spindles with an ‘R’ suffix on the serial number. We also have removed paragraph (j), ‘‘Parts Installation,’’ of the NPRM. That paragraph was restated from AD 2009– 23–10. Since terminating action is now available, the paragraph is no longer necessary. Conclusion We have carefully reviewed the available data, including the comments that have been 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 482 airplanes of the affected design in the worldwide fleet. This AD affects about 150 airplanes of U.S. registry. The inspection that is required by AD 2009–23–10 and retained in this AD takes about 2 work hours per airplane, at an average labor rate of $85 per work hour. Based on these figures, the estimated cost of the currently required inspection is $170 per airplane, per inspection cycle. The replacement of each affected carriage spindle that is required by this AD will take about 17 work hours per spindle (4 spindles per airplane), at an average labor rate of $85 per work hour. Required parts cost is provided under warranty. Based on these figures, the estimated cost of the replacement specified in this AD for U.S. operators is up to $867,000 or up to $5,780 per airplane, or $1,445 per carriage spindle. 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. E:\FR\FM\18FER1.SGM 18FER1 9500 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Rules and Regulations 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. 2011–04–10 The Boeing Company: Amendment 39–16609. Docket No. FAA–2010–0379; Directorate Identifier 2009–NM–210–AD. 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. Subject (d) Air Transport Association (ATA) of America Code 57: Wings. 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 1. The authority citation for part 39 continues to read as follows: ■ WReier-Aviles on DSKGBLS3C1PROD with RULES Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by removing amendment 39–16084 (74 FR 57564, November 9, 2009) and by adding the following new airworthiness directive (AD): ■ VerDate Mar<15>2010 13:14 Feb 17, 2011 Jkt 223001 Effective Date (a) This AD becomes effective March 25, 2011. Affected ADs (b) This AD supersedes AD 2009–23–10, Amendment 39–16084. Applicability (c) This AD applies to all The Boeing Company Model 737–300, –400, and –500 series airplanes, certificated in any category. Unsafe Condition (e) This AD results from reports of corrosion found on carriage spindles that are located on the outboard trailing edge flaps. The Federal Aviation Administration is issuing this AD to detect and correct corrosion of the carriage spindle, which could result in fracture. Fracture of both the inboard and outboard carriage spindles, in the forward ends through the large diameters, on a flap, could adversely affect the airplane’s continued safe flight and landing. Compliance (f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Restatement of Requirements of AD 2008– 15–05, Amendment 39–15617 Inspection To Determine Affected Carriage Spindle (g) For all airplanes: Within 30 days after August 5, 2008 (the effective date of AD 2008–15–05), inspect the carriage subassembly to determine whether an affected carriage spindle with a high velocity oxy-fuel (HVOF) thermal coating is installed, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737–57A1304, dated June 2, 2008. A review of airplane maintenance records is acceptable in lieu of this inspection if the part number and/or serial number of the carriage can be conclusively determined from that review. If no affected carriage spindle is installed, no further action is required by this paragraph. Repetitive Inspections, Related Investigative Actions, and Corrective Action (h) For airplanes on which any affected carriage spindle was determined to be installed in accordance with Boeing Alert Service Bulletin 737–57A1304, dated June 2, 2008, as of August 5, 2008; and the spindle is identified in Table 2 of Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009: At the later of the times specified in paragraphs (h)(1) and (h)(2) of this AD, do a detailed inspection (or, as an option for the forward end of the spindle only, a borescope inspection technique may be used) of the spindle for corrosion and potential indications of corrosion of the PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 carriage spindle, and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737–57A1304, dated June 2, 2008; or Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009. Do all applicable related investigative and corrective actions before further flight. Repeat the detailed inspection (or, as an option for the forward end of the spindle only, the borescope inspection) and certain related investigative actions (i.e., the gap-check or optional nondestructive test (NDT) ultrasonic inspection) at the applicable compliance times specified in paragraph 1.E. of Boeing Alert Service Bulletin 737–57A1304, dated June 2, 2008; or Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009. (1) Within 30 days after August 5, 2008. (2) Within 90 days after the installation of a new HVOF-coated spindle. Note 1: Boeing Alert Service Bulletin 737– 57A1304, dated June 2, 2008; and Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009; reference Boeing Alert Service Bulletin 737–57A1277, Revision 1, dated November 25, 2003; for further guidance on accomplishing the related investigative actions. Restatement of Requirements of AD 2009– 23–10, Amendment 39–16084 Repetitive Inspections, Related Investigative Actions, and Corrective Action for Certain Airplanes (i) For airplanes on which a carriage spindle having a serial number identified in Table 3 of Appendix A of Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009, is installed: At the latest of the times specified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD, as applicable, do a detailed inspection (or, as an option for the forward end of the spindle only, a borescope inspection technique may be used) of the spindle for corrosion and potential indications of corrosion of the carriage spindle, and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 737– 57A1304, Revision 1, dated August 11, 2009. Do all applicable related investigative and corrective actions before further flight. Repeat the detailed inspection (or, as an option for the forward end of the spindle only, the borescope inspection) and related investigative actions (i.e., the gap-check or optional NDT ultrasonic inspection) at the applicable compliance times specified in paragraph 1.E. of Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009. (1) Within 30 days after November 24, 2009 (the effective date of AD 2009–23–10). (2) Within 90 days after the installation of a new HVOF-coated spindle identified in Table 3 of Appendix A of Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009. (3) Within 90 days after doing an inspection in accordance with Boeing Alert Service Bulletin 737–57A1304, dated June 2, 2008. E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Rules and Regulations New Requirements of This AD Terminating Action (j) Within 48 months after the effective date of this AD: Replace any HVOF-coated carriage spindle having a serial number identified in Table 2 or Table 3 of Appendix A of Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009, with a non-HVOF-coated carriage spindle; or a serviceable HVOF-coated carriage spindle with an ‘R’ suffix on the serial number; or a new or serviceable HVOF-coated carriage spindle having a serial number not identified in Table 2 or Table 3 of Appendix A of Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009, without an ‘R’ suffix on the serial number; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737–57A1304, dated June 2, 2008; or Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009. Replacing all affected carriage spindles terminates the repetitive inspections required by this AD. WReier-Aviles on DSKGBLS3C1PROD with RULES Alternative Methods of Compliance (AMOCs) (k)(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 ACO, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6440; fax (425) 917–6590. Or, e-mail information to 9ANM-Seattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding 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 the Boeing Commercial Airplanes Organization Delegation Authorization (ODA) that 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 (l) You must use Boeing Alert Service Bulletin 737–57A1304, dated June 2, 2008; and Boeing Service Bulletin 737–57A1304, Revision 1, dated August 11, 2009; as applicable; to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register previously approved the incorporation by reference of Boeing Service Bulletin 737– 57A1304, Revision 1, dated August 11, 2009, on November 24, 2009 (74 FR 57564, November 9, 2009). (2) The Director of the Federal Register previously approved the incorporation by reference of Boeing Alert Service Bulletin 737–57A1304, dated June 2, 2008, on August 5, 2008 (73 FR 42259, July 21, 2008). (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, VerDate Mar<15>2010 13:14 Feb 17, 2011 Jkt 223001 Seattle, Washington 98124–2207; telephone 206–544–5000, extension 1, fax 206–766– 5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.com. (4) 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. (5) 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: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington on February 10, 2011. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–3651 Filed 2–17–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA–2010–0077 Airspace Docket No. 10–AWA–4] RIN 2120–AA66 Amendment of Prohibited Area P–56; District of Columbia Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. AGENCY: This action amends Special Use Airspace Prohibited Area P–56 in the District of Columbia to correct inaccuracies in the description of Area A (P–56A). This amendment does not change the actual geographic position of the prohibited area. The boundary description of Area B (P–56B) is not affected by this action. DATES: Effective date 0901 UTC, May 5, 2011. FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace, Regulations and ATC Procedures Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: SUMMARY: Background The present day prohibited area P–56 evolved from several Presidential Executive Orders (E.O.) dating back to the late 1930s. The E.O. established an PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 9501 airspace reservation over a portion of the District of Columbia for national defense, public safety and other governmental purposes. In October 1966, the airspace reservation then in place (E.O. No. 10126, May 9, 1950) was amended and codified into Title 14, Code of Federal Regulations, part 73, and designated as prohibited area P–56 (31 FR 13422). Currently, P–56 consists of two subareas: A and B. In general, Area A (P–56A) includes the airspace between a point west of the Lincoln Memorial and an area east of the U.S. Capitol Building, and between K Street (on the north side) and a combination of Independence Avenue, 6th Street SW., and the Southwest Freeway (on the south side). Area B (P–56B) consists of that airspace within a one-half mile radius from the center of the U.S. Naval Observatory, located in northwest Washington, DC. During a recent review of the P–56 legal description, the FAA found that the wording in one part of the description does not match the current District of Columbia street alignment. The area in question is at the western end of P–56A. The current legal description begins at the southwest corner of the Lincoln Memorial, then proceeds northwest to a point at latitude 38°53′45″ N., longitude. 77°03′2″ W. The existing legal description of P–56A states that this point marks the intersection of New Hampshire Avenue and the Rock Creek and Potomac Parkway NW. However, New Hampshire Avenue no longer intersects the Rock Creek and Potomac Parkway. Due to the construction of the John F. Kennedy Center for the Performing Arts, New Hampshire Avenue NW was terminated at F Street, NW. in the 1967 time frame. However, the ‘‘New Hampshire Avenue/ Rock Creek Parkway intersection’’ wording has remained in the P–56A description to this day. In spite of this error, the FAA’s Aeronautical Products office has the correct location and charting for P–56. This is because the current boundary line that runs from the stated latitude/longitude point on the Rock Creek and Potomac Parkway still extends toward the point where New Hampshire Avenue NW. terminates at F Street, NW. and then proceeds along New Hampshire Avenue to Washington Circle as stated in the current P–56A description. The FAA is rewording the description of P–56A to replace the reference to the street segment that no longer exists, as described below. This is an administrative change and does not affect the boundaries, designated altitudes, or operating requirements of E:\FR\FM\18FER1.SGM 18FER1

Agencies

[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Rules and Regulations]
[Pages 9498-9501]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3651]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0379; Directorate Identifier 2009-NM-210-AD; 
Amendment 39-16609; AD 2011-04-10]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 737-300, -400, 
and -500 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all Model 737-300, -400, and -500 series 
airplanes. That AD currently requires inspecting to determine if 
certain carriage spindles are installed, repetitive inspections for 
corrosion and indications of corrosion on affected carriage spindles, 
and if necessary, related investigative and corrective actions. That AD 
also provides an optional terminating action. This new AD mandates the 
optional terminating action, which eliminates the need for the 
repetitive inspections. This AD results from reports of corrosion found 
on carriage spindles that are located on the outboard trailing edge 
flaps. We are issuing this AD to detect and correct corrosion of the 
carriage spindle, which could result in fracture.

[[Page 9499]]

Fracture of both the inboard and outboard carriage spindles, in the 
forward ends through the large diameters, on a flap, could adversely 
affect the airplane's continued safe flight and landing.

DATES: This AD becomes effective March 25, 2011.
    On November 24, 2009 (74 FR 57564, November 9, 2009), the Director 
of the Federal Register approved the incorporation by reference of a 
certain publication listed in the AD.
    On August 5, 2008 (73 FR 42259, July 21, 2008), the Director of the 
Federal Register approved the incorporation by reference of a certain 
other publication listed in the AD.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax 206-766-5680; e-mail me.boecom@boeing.com; 
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://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

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2009-23-10, Amendment 
39-16084 (74 FR 57564, November 9, 2009). The existing AD applies to 
all Model 737-300, -400, and -500 series airplanes. That NPRM was 
published in the Federal Register on April 8, 2010 (75 FR 17882). That 
NPRM proposed to continue to require inspecting to determine if certain 
carriage spindles are installed, repetitive inspections for corrosion 
and indications of corrosion on affected carriage spindles, and if 
necessary, related investigative and corrective actions. The existing 
AD also provides an optional terminating action. That NPRM also 
proposed to mandate the optional terminating action, which would 
eliminate the need for the repetitive inspections.

Comments

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

Request To Revise Paragraph (k) of the NPRM

    Boeing, Continental Airlines (CAL), and British Airways Plc 
requested that paragraph (k) of the NPRM be revised to identify 
additional replacement parts for the affected high velocity oxy-fuel 
(HVOF)-coated spindles. (Paragraph (k) of the NPRM proposed to require 
replacement of HVOF-coated carriage spindles having serial numbers 
identified in Table 2 or 3 of Appendix A of Boeing Service Bulletin 
737-57A1304, Revision 1, dated August 11, 2009, with either a non-HVOF-
coated carriage spindle, or with a serviceable HVOF-coated carriage 
spindle with an `R' suffix on the serial number. Tables 2 and 3 of that 
service bulletin identify both part numbers and serial numbers of the 
affected carriage spindles.)
    Boeing requested that we revise paragraph (k) of the NPRM to 
specify that ``new'' HVOF-coated carriage spindles with serial numbers 
not listed in Table 2 or 3 of Appendix A of the referenced Boeing 
service bulletin are also acceptable replacements.
    British Airways Plc requested that we revise paragraph (k) of the 
NPRM to add ``serviceable'' carriage spindles not listed in Table 2 or 
3 of Appendix A of the referenced Boeing service bulletin as acceptable 
replacements.
    CAL noted that there is no mention in paragraph (k) of the NPRM of 
``serviceable,'' non-suspect HVOF-coated carriage spindles that do not 
have an `R' suffix. CAL indicated that those particular carriage 
spindles are not listed in Tables 2 and 3 of Appendix A and, therefore, 
are not affected by the NPRM. In light of this, CAL requested that 
paragraph (k) of the NPRM be revised to specify that the repetitive 
inspections can be terminated by replacing affected HVOF-coated 
carriage spindles with serviceable, non-suspect HVOF-coated carriage 
spindles that do not have an `R' suffix.
    We agree with the commenters' requests. We have revised paragraph 
(j) of the final rule (paragraph (k) of the NPRM) to include the 
following carriage spindles as acceptable replacements: (1) Non-HVOF-
coated carriage spindles; (2) new or serviceable HVOF-coated carriage 
spindles having serial numbers that are NOT identified in Table 2 or 
Table 3 of Appendix A of Boeing Service Bulletin 737-57A1304, Revision 
1, dated August 11, 2009, without an `R' suffix on the serial number; 
and (3) serviceable HVOF-coated carriage spindles with an `R' suffix on 
the serial number.
    We also have removed paragraph (j), ``Parts Installation,'' of the 
NPRM. That paragraph was restated from AD 2009-23-10. Since terminating 
action is now available, the paragraph is no longer necessary.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been 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 482 airplanes of the affected design in the 
worldwide fleet. This AD affects about 150 airplanes of U.S. registry.
    The inspection that is required by AD 2009-23-10 and retained in 
this AD takes about 2 work hours per airplane, at an average labor rate 
of $85 per work hour. Based on these figures, the estimated cost of the 
currently required inspection is $170 per airplane, per inspection 
cycle.
    The replacement of each affected carriage spindle that is required 
by this AD will take about 17 work hours per spindle (4 spindles per 
airplane), at an average labor rate of $85 per work hour. Required 
parts cost is provided under warranty. Based on these figures, the 
estimated cost of the replacement specified in this AD for U.S. 
operators is up to $867,000 or up to $5,780 per airplane, or $1,445 per 
carriage spindle.

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.

[[Page 9500]]

    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 
removing amendment 39-16084 (74 FR 57564, November 9, 2009) and by 
adding the following new airworthiness directive (AD):

2011-04-10 The Boeing Company: Amendment 39-16609. Docket No. FAA-
2010-0379; Directorate Identifier 2009-NM-210-AD.

Effective Date

    (a) This AD becomes effective March 25, 2011.

Affected ADs

    (b) This AD supersedes AD 2009-23-10, Amendment 39-16084.

Applicability

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

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of corrosion found on carriage 
spindles that are located on the outboard trailing edge flaps. The 
Federal Aviation Administration is issuing this AD to detect and 
correct corrosion of the carriage spindle, which could result in 
fracture. Fracture of both the inboard and outboard carriage 
spindles, in the forward ends through the large diameters, on a 
flap, could adversely affect the airplane's continued safe flight 
and landing.

Compliance

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

Restatement of Requirements of AD 2008-15-05, Amendment 39-15617

Inspection To Determine Affected Carriage Spindle

    (g) For all airplanes: Within 30 days after August 5, 2008 (the 
effective date of AD 2008-15-05), inspect the carriage sub-assembly 
to determine whether an affected carriage spindle with a high 
velocity oxy-fuel (HVOF) thermal coating is installed, in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin 737-57A1304, dated June 2, 2008. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
part number and/or serial number of the carriage can be conclusively 
determined from that review. If no affected carriage spindle is 
installed, no further action is required by this paragraph.

Repetitive Inspections, Related Investigative Actions, and 
Corrective Action

    (h) For airplanes on which any affected carriage spindle was 
determined to be installed in accordance with Boeing Alert Service 
Bulletin 737-57A1304, dated June 2, 2008, as of August 5, 2008; and 
the spindle is identified in Table 2 of Boeing Service Bulletin 737-
57A1304, Revision 1, dated August 11, 2009: At the later of the 
times specified in paragraphs (h)(1) and (h)(2) of this AD, do a 
detailed inspection (or, as an option for the forward end of the 
spindle only, a borescope inspection technique may be used) of the 
spindle for corrosion and potential indications of corrosion of the 
carriage spindle, and do all applicable related investigative and 
corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-57A1304, dated 
June 2, 2008; or Boeing Service Bulletin 737-57A1304, Revision 1, 
dated August 11, 2009. Do all applicable related investigative and 
corrective actions before further flight. Repeat the detailed 
inspection (or, as an option for the forward end of the spindle 
only, the borescope inspection) and certain related investigative 
actions (i.e., the gap-check or optional non-destructive test (NDT) 
ultrasonic inspection) at the applicable compliance times specified 
in paragraph 1.E. of Boeing Alert Service Bulletin 737-57A1304, 
dated June 2, 2008; or Boeing Service Bulletin 737-57A1304, Revision 
1, dated August 11, 2009.
    (1) Within 30 days after August 5, 2008.
    (2) Within 90 days after the installation of a new HVOF-coated 
spindle.

    Note 1:  Boeing Alert Service Bulletin 737-57A1304, dated June 
2, 2008; and Boeing Service Bulletin 737-57A1304, Revision 1, dated 
August 11, 2009; reference Boeing Alert Service Bulletin 737-
57A1277, Revision 1, dated November 25, 2003; for further guidance 
on accomplishing the related investigative actions.

Restatement of Requirements of AD 2009-23-10, Amendment 39-16084

Repetitive Inspections, Related Investigative Actions, and 
Corrective Action for Certain Airplanes

    (i) For airplanes on which a carriage spindle having a serial 
number identified in Table 3 of Appendix A of Boeing Service 
Bulletin 737-57A1304, Revision 1, dated August 11, 2009, is 
installed: At the latest of the times specified in paragraphs 
(i)(1), (i)(2), and (i)(3) of this AD, as applicable, do a detailed 
inspection (or, as an option for the forward end of the spindle 
only, a borescope inspection technique may be used) of the spindle 
for corrosion and potential indications of corrosion of the carriage 
spindle, and do all applicable related investigative and corrective 
actions, in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 737-57A1304, Revision 1, dated August 11, 
2009. Do all applicable related investigative and corrective actions 
before further flight. Repeat the detailed inspection (or, as an 
option for the forward end of the spindle only, the borescope 
inspection) and related investigative actions (i.e., the gap-check 
or optional NDT ultrasonic inspection) at the applicable compliance 
times specified in paragraph 1.E. of Boeing Service Bulletin 737-
57A1304, Revision 1, dated August 11, 2009.
    (1) Within 30 days after November 24, 2009 (the effective date 
of AD 2009-23-10).
    (2) Within 90 days after the installation of a new HVOF-coated 
spindle identified in Table 3 of Appendix A of Boeing Service 
Bulletin 737-57A1304, Revision 1, dated August 11, 2009.
    (3) Within 90 days after doing an inspection in accordance with 
Boeing Alert Service Bulletin 737-57A1304, dated June 2, 2008.

[[Page 9501]]

New Requirements of This AD

Terminating Action

    (j) Within 48 months after the effective date of this AD: 
Replace any HVOF-coated carriage spindle having a serial number 
identified in Table 2 or Table 3 of Appendix A of Boeing Service 
Bulletin 737-57A1304, Revision 1, dated August 11, 2009, with a non-
HVOF-coated carriage spindle; or a serviceable HVOF-coated carriage 
spindle with an `R' suffix on the serial number; or a new or 
serviceable HVOF-coated carriage spindle having a serial number not 
identified in Table 2 or Table 3 of Appendix A of Boeing Service 
Bulletin 737-57A1304, Revision 1, dated August 11, 2009, without an 
`R' suffix on the serial number; in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1304, dated June 2, 2008; or Boeing Service Bulletin 737-57A1304, 
Revision 1, dated August 11, 2009. Replacing all affected carriage 
spindles terminates the repetitive inspections required by this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(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 ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6440; fax (425) 917-6590. Or, e-mail 
information to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
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 the 
Boeing Commercial Airplanes Organization Delegation Authorization 
(ODA) that 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

    (l) You must use Boeing Alert Service Bulletin 737-57A1304, 
dated June 2, 2008; and Boeing Service Bulletin 737-57A1304, 
Revision 1, dated August 11, 2009; as applicable; to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved the 
incorporation by reference of Boeing Service Bulletin 737-57A1304, 
Revision 1, dated August 11, 2009, on November 24, 2009 (74 FR 
57564, November 9, 2009).
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Boeing Alert Service Bulletin 737-
57A1304, dated June 2, 2008, on August 5, 2008 (73 FR 42259, July 
21, 2008).
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1, fax 206-766-5680; e-mail 
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
    (4) 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.
    (5) 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington on February 10, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-3651 Filed 2-17-11; 8:45 am]
BILLING CODE 4910-13-P
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