[Federal Register: December 23, 2003 (Volume 68, Number 246)]
[Rules and Regulations]
[Page 74173-74176]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de03-10]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-243-AD; Amendment 39-13397; AD 2003-26-01]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to all Boeing Model 737-100, -200, -200C, -300, -400, and
-500 series airplanes. This action requires a
[[Page 74174]]
one-time general visual inspection to identify the material of the
rudder assembly, and corrective actions, if necessary. For airplanes
with a graphite assembly, this action requires repetitive general
visual inspections of the flange bolts of the rudder front spar for any
loose bolts, and corrective actions, if necessary. This action is
necessary to detect and correct loose bolts common to the flange of the
rudder front spar and main thrust hinge and actuator assembly, as well
as the auxiliary actuator support fitting, which could cause the rudder
actuator to separate from the rudder during certain flight conditions,
resulting in loss of rudder control and consequent loss of control of
the airplane. This action is intended to address the identified unsafe
condition.
DATES: Effective January 7, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 7, 2004.
Comments for inclusion in the Rules Docket must be received on or
before February 23, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-243-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-iarcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2003-NM-243-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in this AD may be obtained from
Boeing Commercial Airplane Group, PO Box 3707, Seattle, Washington
98124-2207. This information may be examined at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6440; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: The manufacturer, Boeing, has advised the
FAA that it received two reports of loose bolts common to the flange of
the rudder front spar and main thrust hinge and actuator assembly, as
well as auxiliary actuator support fitting, on Boeing Model 737 series
airplanes. In the first case, no additional damage was reported. In the
second case, the holes common to the flange of the rudder front spar
had become elongated and were repaired using oversized bolts.
Boeing has notified us that it has received nine additional reports
of loose flange bolts. In all of the reported cases (including the
original two), the rudders had a graphite spar. The airplanes on which
the loose flange bolts were found had between 7,246 and 45,312 total
flight hours and between 7,846 and 35,362 total flight cycles. The
cause of the loose flange bolts has not yet been determined.
Loose bolts common to the flange of the rudder front spar and main
thrust hinge and actuator assembly, as well as the auxiliary actuator
support fitting, could cause the rudder actuator to separate from the
rudder during certain flight conditions. This condition, if not
detected and corrected, could result in loss of rudder control and
consequent loss of control of the airplane.
Explanation of Relevant Service Information
The FAA has reviewed and approved Boeing Alert Service Bulletin
737-55A1087, dated October 2, 2003, which describes procedures for
performing a one-time general visual inspection of the rudder assembly
to determine if an aluminum/fiberglass rudder assembly, or, if a
graphite rudder assembly, part number 65C27234-() or 65C25841-(), is
installed; performing repetitive general visual inspections of the
flange bolts (Stage 1); and corrective actions, if necessary. The
corrective actions include retorqueing or replacing the flange bolts as
necessary, and contacting Boeing for certain conditions.
The alert service bulletin also describes additional Stage 2 and
Stage 3 repetitive flange bolt inspections for certain airplanes.
Explanation of the Requirements of the Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD requires accomplishment of the actions
specified in the alert service bulletin described previously, except as
discussed below.
Interim Action
This is considered to be interim action. We are continuing to
investigate the cause of the loose flange bolts. Once the cause and
final action have been identified, we may consider further rulemaking.
We are, however, currently considering further rulemaking to supersede
this AD to require the Stage 2 and Stage 3 repetitive inspections
described in the alert service bulletin. Should we determine that those
inspections are necessary, the planned compliance time would allow
enough time to provide notice and opportunity for prior public comment.
Differences Between This AD and the Alert Service Bulletin
Operators should note that Boeing Alert Service Bulletin 737-
55A1087, dated October 2, 2003, specifies inspections in addition to
those required by this AD. As stated above, this AD does not require
the Stage 2 and Stage 3 repetitive inspections because the planned
compliance time for those inspections would allow enough time to
provide notice and opportunity for prior public comment.
Additionally, for any aluminum/fiberglass rudder assembly having an
identification plate indicating a graphite assembly, or for any
graphite rudder assembly having an identification plate indicating an
aluminum assembly, the alert service bulletin specifies to contact
Boeing for appropriate action. This AD requires operators to contact
us, or a Boeing Company Designated Engineering Representative who has
been authorized by us to make such findings.
Although the Work Instructions of the alert service bulletin
recommend that operators report inspection findings of any loose flange
bolt to the manufacturer, this AD does not require operators to submit
those inspection findings.
Explanation of Compliance Time for One-time Inspection
Operators should note that the compliance time for accomplishment
of the one-time inspection of the rudder assembly to identify the
material of the rudder assembly and front spar and the initial Stage 1
repetitive flange bolt inspection required by this AD is 120 days after
the effective date of this AD. In developing an appropriate compliance
time for this AD, we considered not only the manufacturer's
recommendation, but also the degree of urgency associated with
addressing the
[[Page 74175]]
subject unsafe condition, the significant impact on scheduling and cost
for the large fleet of airplanes which must be inspected, and adequate
time and availability of facilities for safe and accurate
accomplishment of the inspection. In light of all of these factors, we
find a 120-day compliance time for doing the flange bolt inspection to
be warranted in that it represents an appropriate interval of time
allowable for affected airplanes to continue to operate without
compromising safety.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the AD is
being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2003-NM-243-AD.'' The postcard will be date stamped
and returned to the commenter.
Regulatory Impact
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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:
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. Section 39.13 is amended by adding the following new airworthiness
directive:
2003-26-01 Boeing: Amendment 39-13397. Docket 2003-NM-243-AD.
Applicability: All Model 737-100, -200, -200C, -300, -400, and -
500 series airplanes, certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To detect and correct loose bolts common to the flange of the
rudder front spar and main thrust hinge and actuator assembly, as
well as the auxiliary actuator support fitting, which could cause
the rudder actuator to separate from the rudder during certain
flight conditions, resulting in loss of rudder control and
consequent loss of control of the airplane; accomplish the
following:
One-Time Inspection
(a) For Groups 1, 2 and 3 airplanes, as listed in Boeing Alert
Service Bulletin 737-55A1087, dated October 2, 2003: Within 120 days
after the effective date of this AD, perform a one-time general
visual inspection of the rudder assembly to determine if an
aluminum/fiberglass rudder assembly (Group 1 airplanes), or, if a
graphite rudder assembly, part number 65C27234-() or 65C25841-()
(Group 2 and Group 3 airplanes) is installed; per the Work
Instructions of Boeing Alert Service Bulletin 737-55A1087, dated
October 2, 2003.
Note 1: For the purposes of this AD, a general visual inspection
is defined as: ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made from within
touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
(b) If an aluminum/fiberglass assembly is found: No further
action is required by paragraph (c) of this AD.
Stage 1--Repetitive Flange Bolt Inspections
(c) If a graphite assembly is found: Within 120 days after the
effective date of this AD, perform a general visual inspection of
the flange bolts in the main thrust hinge and actuator assembly, as
well as the auxiliary actuator support fitting to detect loose
bolts, per ``Stage 1--Repeat Flange Bolt Inspection'' of the Work
Instructions of Boeing Alert Service Bulletin 737-55A1087, dated
October 2, 2003.
(1) If no loose flange bolt is found: Repeat the inspection
required by paragraph (c) of this AD at intervals not to exceed
1,500 flight cycles or 2,000 flight hours, whichever occurs first.
(2) If any loose flange bolt is found: Before further flight, do
the applicable corrective actions by accomplishing all actions
specified in paragraphs 4. and 5. of ``Stage 1--Repeat Flange Bolt
Inspection'' of the Work Instructions of the alert service bulletin.
Thereafter, repeat the inspection required by paragraph (c) of this
AD at intervals not to exceed 1,500 flight cycles or 2,000 flight
hours, whichever occurs first.
[[Page 74176]]
(d) For any aluminum/fiberglass rudder assembly having an
identification plate indicating a graphite assembly, or for any
graphite rudder assembly having an identification plate indicating
an aluminum assembly, and the alert service bulletin specifies to
contact Boeing for appropriate action: Prior to further flight,
contact the Manager, Seattle Aircraft Certification Office (ACO),
FAA; or a Boeing Company Designated Engineering Representative who
has been authorized by the Manager, Seattle ACO, to make such
findings.
Parts Installation
(e) As of the effective date of this AD, no person may install
on any airplane a rudder assembly having part number 65C27234-() or
65C25841-(), unless it has been inspected per paragraph (c) of this
AD.
Information Submission
(f) Although the service bulletin referenced in this AD
specifies to submit inspection findings to the manufacturer, this AD
does not include such a requirement.
Alternative Methods of Compliance
(g) In accordance with 14 CFR 39.19, the Manager, Seattle
Aircraft Certification Office (ACO), FAA, is authorized to approve
alternative methods of compliance (AMOCs) for this AD.
Incorporation by Reference
(h) Unless otherwise specified in this AD, the actions shall be
done in accordance with Boeing Alert Service Bulletin 737-55A1087,
dated October 2, 2003. This incorporation by reference was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be obtained from Boeing
Commercial Airplane Group, PO Box 3707, Seattle, Washington 98124-
2207. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
Effective Date
(i) This amendment becomes effective on January 7, 2004.
Issued in Renton, Washington, on December 12, 2003.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-31273 Filed 12-22-03; 8:45 am]
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