AD 2003-03-05

Effective March 5, 2003.

The incorporation by reference of Boeing Alert Service Bulletin 737-27A1243, dated July 26, 2001, excluding Evaluation Form; and Boeing Alert Service Bulletin 737-27A1211, Revision 2, dated December 21, 2000, including Information Notice 737-27A1211 IN 03, dated July 26, 2001, excluding Evaluation Form; as listed in the regulations, is approved by the Director of the Federal Register as of March 5, 2003.

The incorporation by reference of Boeing Alert Service Bulletin 737-27A1211, dated November 19, 1998; and Revision 1, dated December 9, 1999; as listed in the regulations, was approved previously by the Director of the Federal Register as of February 29, 2000 (65 FR 3801, January 25, 2000).

The service information referenced in this AD may be obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-2207. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.

Douglas Tsuji, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (425) 227-1506; fax (425) 227-1181.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) by superseding AD 2000-02-03, amendment 39-11521 (65 FR 3801, January 25, 2000), which is applicable to certain Boeing Model 737-300, -400 and -500 series airplanes, was published in the Federal Register on June 18, 2002 (67 FR 41355). The action proposed to continue to require replacement, with new parts, of the existing actuators or the rod ends on the existing actuators at wing leading edge slat positions 1, 2, 5, and 6. The new action proposed to add a one-time inspection of all the rod ends on the actuators of the wing leading edge slats to determine if vibro-engraving was used to identify the parts, and corrective action, if necessary.

Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. One commenter has no comments.

One commenter asks that the summary section of the proposed AD be changed to include the part number(s) of the rod ends that are affected by vibro-engraving. The commenter's understanding is that only the new rod end having part number (P/N) 69-73485-9, and the rod end and switch assembly having P/N 65-44760-28, are affected by the vibro-engraving. The same commenter states that the summary section should specify only slat actuators that have been modified by Boeing Alert Service Bulletin 737-27A1211 (referenced in the proposed AD as the appropriate source of service information for accomplishment of certain actions) and have the rod end P/Ns specified above.

The FAA does not agree to change the summary section in the final rule. The summary section in the AD already states that, “This proposal is prompted by reports indicating that vibro-engraving was found on new rod ends. * * * ”

One commenter states that the paragraph (a) of the proposed AD be changed to specify line numbers (L/N) 1001 through 3063 inclusive. The commenter adds that L/Ns 3064 through 3132 inclusive should be removed from paragraph (a) of the proposed AD because airplanes having L/Ns 3075, 3109, and 3116 have actuators with the new rod end that were installed during production.

Another commenter asks that paragraph (c) of the proposed AD be changed to specify that the general visual inspection only be done on slat actuators that have been modified by Service Bulletin 737-27A1211, and that have rod ends with P/N 69-73485-9.

We do not agree that paragraph (a) should be changed to specify the line numbers suggested by the commenter, nor do we agree that the general visual inspection specified in paragraph (c) need only be done on slat actuators that have been modified by Boeing Alert Service Bulletin 737-27A1211 and have P/N 69-73485-9. Some of the vibro-engraved rod ends were shipped as spares and could now be installed on production airplanes having L/Ns 3064 through 3132 inclusive, which were not listed in the effectivity specified in Service Bulletin 737-27A1211. We find that no change to the final rule is necessary in this regard.

We do agree to add the part numbers of the rod ends that are affected by vibro-engraving to paragraph (c) of this final rule for clarification, as they were not specified in the proposed AD.

One commenter asks that paragraph (c) of the proposed AD be changed to give credit for doing the actions required by that paragraph per the two notes listed before the inspection procedures specified in the Work Instructions of Boeing Alert Service Bulletin 737-27A1243. Another commenter asks that operator record verification be added to the proposed AD as an alternative method of compliance (AMOC).

We partially agree with the commenters. We agree to add a new paragraph (d) to this final rule to give credit for accomplishment of the actions done per the notes. We do not agree that an AMOC is necessary, because credit for the applicable actions has been added in paragraph (d) of this final rule.

We have changed the compliance time specified in paragraph (c)(1) of this final rule to add a grace period for airplanes on which the rod ends were replaced per Boeing Service Bulletin 737-27A1211, dated November 19, 1998; or Boeing Alert Service Bulletin 737-27A1211, Revision 2, dated December 21, 2000. The grace period was inadvertently omitted in the proposed AD.

We have changed the service bulletin citations throughout this final rule to exclude the Evaluation Form. (The form is intended to be completed by operators and submitted to the manufacturer to provide input on the quality of the service bulletins; however, this AD does not include such a requirement.)

After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes previously described. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.

There are approximately 1,963 airplanes of the affected design in the worldwide fleet. The FAA estimates that 799 airplanes of U.S. registry will be affected by this AD.

Replacement of the leading edge slat actuator with an actuator that has a new rod end is one option for compliance with the actions currently required by AD 2000-02-03. Replacement of the actuators on slat positions 1, 2, 5, and 6 takes approximately 3 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Required parts cost approximately $32,252 per airplane. Based on these figures, the cost impact of the installation of actuators with new rod ends, as provided by AD 2000-02-03 as one option, is estimated to be $32,432 per airplane.

In lieu of installation of an actuator with a new rod end, AD 2000-02-03 provides an option for replacement of the rod ends on the existing actuators. This action takes approximately 4 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Required parts cost between approximately $5,928 and $21,544 per airplane. Based on these figures, the cost impact of the replacement of the rod ends, as provided by AD 2000-02-03 as a second option, is estimated to be between $6,168 and $21,784 per airplane.

The new inspection that is required in this AD action will take approximately 2 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the inspection required by this AD on U.S. operators is estimated to be $95,880, or $120 per airplane.

Should an operator be required to accomplish the replacement of the rod end, it would take approximately 1 work hour per rod end to accomplish the replacement, at an average labor rate of $60 per work hour. Required parts would cost between $2,917 and $5,527 per rod end. Based on these figures, the cost impact of any replacement action is estimated to be between $2,977 and $5,587 per rod end.

Should an operator be required to accomplish the rework of the rod end, it would take approximately 2 work hours per rod end to accomplish the rework, at an average labor rate of $60 per hour. Based on these figures, the cost impact of the rework is estimated to be $120 per rod end.

The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions.

The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.

For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES.

Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

1. The authority citation for part 39 continues to read as follows: