[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Proposed Rules]
[Pages 386-388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-60]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-197-AD]


Airworthiness Directives; Boeing Model 727 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Boeing Model 727 
series airplanes, that currently requires repetitive visual inspections 
to detect cracking in the elevator rear spar and repair, if necessary. 
It also provides for an optional terminating action for the repetitive 
inspections. This action would add an additional one-time inspection of 
certain airplanes for clearance between the shear plate and the radii 
of the rear spar; and would provide additional instructions for the 
terminating action. This proposal is prompted by reports of cracking in 
the rear spar of the elevator at the hinge fitting attachment of the 
control tab and reports of loose hinge fittings at the crack locations. 
The actions specified by the proposed AD are intended to prevent 
cracking of the elevator rear spar, which could cause excessive free 
play of the elevator control tab and possible tab flutter, and could 
result in loss of controllability of the airplane.

DATES: Comments must be received by March 1, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No.94-NM-197-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.-
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Walter Sippel, Aerospace Engineer, 
Airframe Branch, ANM-121S, Seattle Aircraft Certification Office, FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (206) 227-2774; fax (206) 227-1181.

SUPPLEMENTARY INFORMATION:

Comments Invited-

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received. -
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket. -
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 94-NM-197-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs-

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 94-NM-197-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On October 30, 1987, the FAA issued AD 87-24-03, amendment 39-5769 
(52 FR 43742, November 16, 1987), applicable to certain Boeing Model 
727 series airplanes, to require repetitive visual inspection to detect 
cracking of the elevator rear spar, and repair, if necessary. That 
action was prompted by reports of cracking in the elevator rear spar at 
the control tab hinge fitting attachment, and loose hinge fittings at 
the crack locations. The requirements of that AD are intended to detect 
cracking in the elevator rear spar which, if not corrected, could lead 
to loss of controllability of the airplane. -
    Since the issuance of that AD, there have been several reports of 
cracking in the radii at the tab hinge fitting of the rear spar, and 
reports of loose hinge fittings at the crack locations on airplanes 
that were modified in accordance with Boeing Service Bulletin 727-55-
0087, dated June 20, 1986. The modification described in that Boeing 
service bulletin was considered to be terminating action for the 
repetitive inspection requirements of AD 87-24-03. The manufacturer has 
advised that the cause of this cracking is attributable to continued 
contact between the shear plate and the radii of the elevator rear 
spar. Cracking in this area, if not corrected, could cause excessive 
free play of the elevator control tab and possible tab flutter, and 
could result in loss of controllability of the airplane.-
    The FAA has reviewed and approved Boeing Service Bulletin 727-55-
0087, Revision 1, dated March 31, 1994, which describes procedures for 
continued repetitive visual inspections to detect cracking of the 
elevator rear spar, and repair, if necessary. For airplanes that have 
been modified in accordance with Boeing Service Bulletin727-55-0087, 
dated June 20, 1986, the service bulletin describes procedures for an 
additional one-time inspection to ensure clearance between the shear 
plate and the rear spar radii. Additionally, for all other airplanes, 
Revision 1 of this service bulletin provides instructions for 
accomplishing an improved modification or repair that would eliminate 
the need for repetitive inspections.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would supersede AD 87-24-03 to require continued repetitive 
visual inspections to detect cracking of the elevator rear spar, and 
repair, if necessary. However, [[Page 387]] this proposal would add a 
one-time inspection to determine clearance between the shear plate and 
the rear spar radii of the elevator rear spar on airplanes on which the 
terminating action specified in AD 87-24-03 has been accomplished. The 
proposed AD would also provide for an improved modification or repair 
of the elevator rear spar, which, if accomplished, would provide 
terminating action for the repetitive visual inspection requirements. 
The actions would be required to be accomplished in accordance with the 
service bulletin described previously.-
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this notice to clarify this requirement. -
    There are approximately 1,531 Model 727 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 1,102 
airplanes of U.S. registry would be affected by this proposed AD.-
    The inspections of the elevator rear spar that were previously 
required by AD 87-24-03, and retained in this proposal, take 
approximately 12 work hours per airplane to accomplish, at an average 
of $60 per work hour. Based on these figures, the total cost impact of 
this inspection requirement on U.S. operators of previously modified 
airplanes is estimated to be $793,440, or $720 per airplane, per 
inspection cycle.
    The one-time inspection of previously modified airplanes that would 
be required by this proposal would take approximately 12 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the total cost impact of the one-time 
inspection requirement of this proposal on U.S. operators of previously 
modified airplanes is estimated to be $720 per airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    The regulations proposed herein would not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.-
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment -

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

PART 39--AIRWORTHINESS DIRECTIVES

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

    Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-5769 (52 FR 
43742), and by adding a new airworthiness directive (AD), to read as 
follows:

Boeing: Docket 94-NM-197-AD. Supersedes AD 87-24-03, Amendment 39-
5769.

    -Applicability: Model 727 series airplanes, line numbers 1 
through 1719 inclusive, certificated in any category.

     -Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (e) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD. -

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent excessive free play of the elevator control tab and 
possible tab flutter, accomplish the following: -
    (a) For airplanes on which the modification described in Boeing 
Service Bulletin 727-55-0087, dated June 20, 1986 (the terminating 
action specified in AD 87-24-03, amendment 39-5769), has not been 
accomplished: Prior to the accumulation of 27,000 flight hours or 
within the next 4,000 flight hours after December 24, 1987 (the 
effective date of AD 87-24-03 amendment 39-5769), whichever occurs 
later, perform a visual inspection of the elevator rear spar to 
detect cracking, in accordance with Boeing Service Bulletin 727-55-
0087, dated June 20, 1986, or Revision 1, dated March 31, 1994. 
Repeat the inspection thereafter at intervals not to exceed 4,000 
flight hours. After the effective date of this AD, only Revision 1 
of this service bulletin shall be used.
    (b) If any crack is detected during any inspection required by 
paragraph (a) of this AD, accomplish paragraphs (b)(1) and (b)(2) of 
this AD in accordance with Boeing Service Bulletin 727-55-0087, 
dated June 20, 1986, or Revision 1, dated March 31, 1994. After the 
effective date of this AD, only Revision 1 of this service bulletin 
shall be used.-
    (1) If any crack is found that is within the specified limits in 
Part 1 of the Accomplishment Instructions of the service bulletin, 
accomplish paragraphs (b)(1)(i) and (b)(1)(ii) of this AD.
    (i) Prior to further flight, perform a time-limited repair by 
stop drilling the crack in accordance with the service bulletin. 
Within 1,600 flight hours after the repair, repeat the inspection 
required by paragraph (a) of this AD. If any crack growth is 
detected after the stop drilling, repair prior to further flight, in 
accordance with Part III of the Accomplishment Instructions of the 
service bulletin.
    (ii) Prior to the accumulation of 3,200 flight hours after stop 
drilling, repair the elevator rear spar in accordance with Part III 
of the Accomplishment Instructions of the service bulletin.
    (2) If any crack is found that is outside the specified limits 
of Part 1 of the Accomplishment Instructions of the service 
bulletin, prior to further flight, repair in accordance with Part 
III of the Accomplishment Instructions of the service 
bulletin. [[Page 388]] 
    (c) For airplanes on which the modification specified in Boeing 
Service Bulletin 727-55-0087, dated June 20, 1986, (terminating 
action specified in AD 87-24-03, amendment 39-5769) has been 
accomplished : Prior to the accumulation of 1,600 flight hours, or 
within 12 months after the effective date of this AD, whichever 
occurs later, conduct an inspection to ensure proper clearance 
between the shear plate and the radii of the rear spar, in 
accordance with Boeing Service Bulletin 727-55-0087, Revision 1, 
dated March 31, 1994.-
    (1) If clearance is within the limits specified in Part I of the 
Accomplishment Instructions of the service bulletin, no further 
action is required by this AD.
    (2) If clearance is outside the limits specified in Part I of 
the Accomplishment Instructions of the service bulletin, prior to 
further flight, reaccomplish the repair in accordance with Part III 
of the service bulletin. After modification, no further action is 
required by this AD.-
    (d) Modification or repair of the elevator rear spar in 
accordance with Part II or Part III of the Accomplishment 
Instructions of Boeing Service Bulletin 727-55-0087, Revision 1, 
dated March 31, 1994, constitutes terminating action for the 
requirements required of this AD.
    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.-

    (f) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on December 28, 1994.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-60 Filed 1-3-95; 8:45 am]
BILLING CODE 4910-13-U