AD 2011-20-10

This AD is effective November 9, 2011.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of November 9, 2011.

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. You may review copies of the referenced 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.

Dean Thompson, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6409; fax (425) 917-6590.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to the specified products. That NPRM was published in the Federal Register on January 18, 2011 (76 FR 2840). That NPRM proposed to require inspecting to determine the clearance and any wire bundle damage between wire bundle W443 and the left forward rudder quadrant, followed by adjusting the minimum clearance between the wire bundle and the left forward rudder quadrant, and repairing any wire bundle damage.

We gave the public the opportunity to participate in developing this AD. We have considered the comments received. The following presents the comments received on the proposal and the FAA's response to each comment.

American Airlines, Delta Air Lines, and Continental Airlines (CAL) support the NPRM (76 FR 2840, January 18, 2011), and stated that they have been inspecting the affected airplanes in accordance with the original issue and revision 1 of the service information cited in the NPRM.

CAL requested that the FAA ask Boeing to add the appropriate ICAs to the Boeing 737NG Aircraft Maintenance Manual (AMM), because CAL is concerned about inadvertently undoing the corrective actions proposed in the NPRM (76 FR 2840, January 18, 2011) during future maintenance.

We disagree with the request to ask Boeing for ICAs. Current maintenance procedures and inspections ensure that the unsafe condition corrected in accordance with the AD will not be undone during future maintenance. A maintenance task exists to do a general visual inspection (GVI) of the area above the outboard nose wheel well, an inspection derived from the enhanced zonal analysis procedure (EZAP). This GVI of the area includes inspecting the wire bundles for damage and ensures no interference (riding) condition exists. Also, the rudder travel test provided in the AMM already includes steps to verify that wire bundle W443 has a minimum clearance of 0.5 inch from the left forward rudder quadrant at full travel motion while someone operates the rudder pedals, which captures the intent of this AD action. Boeing has updated the 737NG AMM to Revision 45, dated June 15, 2011, to include minimum clearance of 0.5 inch for the rudder travel test. We have not changed the AD in this regard.

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD as proposed.

We estimate that this AD will affect 870 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD.

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.

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),

(3) Will not affect intrastate aviation in Alaska, and

(4) 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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

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

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):