[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Rules and Regulations]
[Pages 16648-16651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6786]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0230; Directorate Identifier 2010-NM-071-AD;
Amendment 39-16250; AD 2010-06-51]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 737-600, -700,
-700C, -800, -900, and -900ER Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting airworthiness directive (AD) 2010-06-51 that was sent
previously to all known U.S. owners and operators of The Boeing Company
Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes by
individual notices. This AD requires doing a detailed inspection of the
inboard and outboard aft attach lugs of the left and right elevator
control tab mechanisms for gaps between the swage ring and the aft
attach lug, and between the spacer and the aft attach lug; trying to
move or rotate the spacer using hand pressure; and replacing any
discrepant elevator tab control mechanism, including performing the
detailed inspection on the replacement part before and after
installation. This AD is prompted by a report of failure of the aft
attach lugs on the left elevator tab control mechanism, which resulted
in severe elevator vibration. We are issuing this AD to detect and
correct a loose bearing in the aft lug of the elevator tab control
[[Page 16649]]
mechanism, which could result in unwanted elevator and tab vibration.
The consequent structural failure of the elevator or horizontal
stabilizer could result in loss of aircraft control and structural
integrity.
DATES: This AD becomes effective April 7, 2010 to all persons except
those persons to whom it was made immediately effective by emergency AD
2010-06-51, issued March 12, 2010, which contained the requirements of
this amendment.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 7,
2010.
We must receive comments on this AD by May 17, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
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 [email protected]; Internet
https://www.myboeingfleet.com.
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 street address for
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6490;
fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: On March 12, 2010, we issued emergency AD
2010-06-51, which applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes.
Background
The FAA received a report of failure of the aft attach lugs on the
left elevator tab control mechanism, which resulted in severe elevator
vibration. The flightcrew diverted from the intended route and made an
uneventful landing. Subsequent investigation revealed extensive damage
to the elevator tab control system. Severe vibration in this attach
point is suspected of allowing rapid wear of the joint, and resulted in
failure of the attach lugs. This condition, if not corrected, could
result in a loss of aircraft control and structural integrity.
Relevant Service Information
We have reviewed Boeing Alert Service Bulletin 737-27A1296, dated
March 12, 2010. The service bulletin describes procedures for a
detailed inspection to detect discrepancies of the inboard and outboard
aft attach lugs of the elevator tab control mechanism. Discrepancies
include movement or rotation of the spacer, and gaps between the swage
ring and the aft attach lug or between the spacer and the aft attach
lug. The service bulletin describes procedures for replacing any
discrepant elevator tab control mechanism, including performing the
detailed inspection on the replacement part before and after
installation. For certain airplanes, the compliance time for the
inspection is 12 or 30 days, depending on airplane line number, total
accumulated flight cycles, and approval for operation under extended
twin operations (ETOPS).
FAA's Determination and Requirements of This AD
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design, we issued emergency AD
2010-06-51 to detect and correct a loose bearing in the aft lug of the
elevator tab control mechanism, which could result in unwanted elevator
and tab vibration. The consequent structural failure of the elevator or
horizontal stabilizer could result in loss of aircraft control and
structural integrity. The AD requires accomplishing the actions
specified in the service information previously described, except as
described in ``Differences Between this AD and the Service Bulletin.''
This AD also requires reporting the inspection results to Boeing.
We found that immediate corrective action was required; therefore,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on March 12, 2010, to all known U.S. owners and operators of The
Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes. These conditions still exist, and the AD is hereby
published in the Federal Register as an amendment to section 39.13 of
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to
all persons.
Differences Between This AD and the Service Bulletin
The effectivity of Boeing Alert Service Bulletin 737-27A1296, dated
March 12, 2010, includes all Model 737-600, -700, -700C, -800, -900,
and -900ER series airplanes. The inspection requirements of this AD,
however, affect only those airplanes subject to a short compliance time
(within 12 or 30 days). Because the suspect components may be installed
as replacements on all airplanes subject to this AD, paragraph (l) of
this AD requires that the part be inspected before and after
installation. We may consider superseding this AD to apply the
inspection requirements to the remaining airplanes, which would be
subject to a longer compliance time that would allow enough time to
provide notice and opportunity for prior public comment on the merits
of the inspection for these airplanes.
Interim Action
This AD is considered to be interim action. The inspection reports
that are required by this AD will enable the manufacturer to obtain
better insight into the nature, cause, and extent of the issue, and
eventually to develop final action to address the unsafe condition.
Once final action has been identified, we might consider further
rulemaking.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2010-0230; Directorate Identifier 2010-NM-071-AD'' at
the beginning of your comments. We specifically invite
[[Page 16650]]
comments on the overall regulatory, economic, environmental, and energy
aspects of this AD. We will consider all comments received by the
closing date and may amend this AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
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
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.
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 this
emergency regulation is later deemed significant under DOT Regulatory
Policies and Procedures, we will prepare a final regulatory evaluation
and place it in the AD Docket. See the ADDRESSES section for a location
to examine the regulatory evaluation, if filed.
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 airworthiness
directive (AD):
2010-06-51 The Boeing Company: Amendment 39-16250. Docket No. FAA-
2010-0230; Directorate Identifier 2010-NM-071-AD.
Effective Date
(a) This AD becomes effective April 7, 2010, to all persons
except those persons to whom it was made immediately effective by
emergency AD 2010-06-51, issued on March 12, 2010, which contained
the requirements of this amendment.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes; certificated in
any category.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
controls.
Unsafe Condition
(e) This AD results from a report of failure of the aft attach
lugs on the left elevator tab control mechanism, which resulted in
severe elevator vibration. The Federal Aviation Administration is
issuing this AD to detect and correct a loose bearing in the aft lug
of the elevator tab control mechanism, which could result in
unwanted elevator and tab vibration. The consequent structural
failure of the elevator or horizontal stabilizer could result in
loss of aircraft control and structural integrity.
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.
Inspection and Corrective Action
(g) For Groups 1, 2, and 3; and Group 4, Configuration 2; as
identified in Boeing Alert Service Bulletin 737-27A1296, dated March
12, 2010: At the applicable time specified in paragraph 1.E.
Compliance of Boeing Alert Service Bulletin 737-27A1296, dated March
12, 2010, except as required by paragraph (i) of this AD, do a
detailed inspection of the inboard and outboard aft attach lugs of
the left and right elevator control tab mechanisms for gaps between
the swage ring and the aft attach lug, and between the spacer and
the aft attach lug; and try to move or rotate the spacer using hand
pressure, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010.
(h) If, during accomplishment of the actions required by
paragraph (g) of this AD, any gap is found between the swage ring
and the aft attach lug, or between the spacer and the aft attach
lug; or if the spacer moves or rotates: Before further flight, do
the actions required by paragraphs (h)(1) and (h)(2) of this AD, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-27A1296, dated March 12, 2010.
(1) Inspect the replacement elevator tab control mechanism for
discrepancies, as specified in paragraph (g) of this AD; and, if no
discrepancy is found, install the replacement elevator tab control
mechanism.
(2) Re-inspect the installed elevator tab control mechanism, as
required by paragraph (g) of this AD.
Exception to Service Bulletin Specifications
(i) Where Boeing Alert Service Bulletin 737-27A1296, dated March
12, 2010, specifies a compliance time after the date of the original
issue of the service bulletin, this AD requires compliance within
the specified compliance time after the effective date of this AD.
Inspection Done According to Multi Operator Message (MOM)
(j) An inspection done before the effective date of this AD
according to Boeing Multi Operator Message Number MOM-MOM-10-0159-
01B, dated March 10, 2010, is considered acceptable for compliance
with the corresponding inspection specified in paragraph (g) of this
AD.
Reporting
(k) At the applicable time specified in paragraph (k)(1) or
(k)(2) of this AD: Submit a report of the findings (both positive
and negative) of the inspections required by paragraph (g) of this
AD to Boeing Commercial Airplanes Group, Attention: Manager, Airline
Support, e-mail: [email protected]. The report must include the
inspection results including a description of any discrepancies
found, the airplane line number, and the number of flight cycles and
flight hours accumulated on the airplane. Under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has approved the information collection
requirements contained in this AD and has assigned OMB Control
Number 2120-0056.
(1) If the inspection was done on or after the effective date of
this AD: Submit the report within 10 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report
[[Page 16651]]
within 10 days after the effective date of this AD.
Parts Installation
(l) For all airplanes: As of the effective date of this AD, no
person may install an elevator tab control mechanism, part number
251A2430-( ), on any airplane, unless the mechanism has been
inspected before and after installation, in accordance with the
requirements of paragraph (g) of this AD, and no discrepancies have
been found.
Special Flight Permit
(m) Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.
Alternative Methods of Compliance (AMOCs)
(n)(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: Kelly McGuckin, Aerospace Engineer, Systems and Equipment
Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone 425-917-6490; fax 425-917-6590.
Information may be e-mailed to [email protected].
(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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically refer to this AD.
(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 Designation 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
(o) You must use Boeing Alert Service Bulletin 737-27A1296,
dated March 12, 2010, 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, 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
[email protected]; Internet https://www.myboeingfleet.com.
(3) 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.
(4) 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 http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on March 18, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-6786 Filed 4-1-10; 8:45 am]
BILLING CODE 4910-13-P