[Federal Register Volume 63, Number 21 (Monday, February 2, 1998)]
[Rules and Regulations]
[Pages 5226-5228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2528]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-09-AD; Amendment 39-10301; AD 98-03-09]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-100, -200, -300, -400,
and -500 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to all Boeing Model 737-100, -200, -300, -400, and -
500 series airplanes, that currently requires a one-time inspection to
determine if certain ailerons are installed on the airplane. That
amendment also requires removing any defective aileron, and replacing
it with a new or serviceable aileron. This amendment continues to
require those actions and limits the applicability of the rule. This
amendment is prompted by additional information that specifies the
identification of certain part numbers. The actions specified in this
AD are intended to detect and correct defective ailerons, which could
result in in-flight separation of an aileron from the airplane and
consequent reduced controllability of the airplane.
DATES: Effective February 17, 1998.
Comments for inclusion in the Rules Docket must be received on or
before April 3, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-09-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The service information referenced in this AD may be obtained from
or examined at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Greg Schneider or Nenita Odesa,
Aerospace Engineers, Airframe Branch, ANM-120S, FAA, Transport Airplane
Directorate, Seattle Aircraft Certification Office, 1601 Lind Avenue,
SW., Renton, Washington 98055-4056; telephone (425) 227-2028 or (425)
227-2557; fax (425) 227-1181.
SUPPLEMENTARY INFORMATION: On December 9, 1997, the FAA issued AD 97-
26-04, amendment 39-10247 (62 FR 65600, December 15, 1997), applicable
to all Boeing Model 737-100, -200, -300, -400, and -500 series
airplanes. That AD requires a one-time inspection to determine if
certain ailerons are installed on the airplane. That AD also requires
removing any defective aileron, replacing it with a new or serviceable
aileron, and submitting an inspection report to the FAA, if necessary.
That action was prompted by reports of failure of the aileron due to an
inappropriate repair procedure. The actions specified in that AD are
intended to detect and correct defective ailerons, which could result
in in-flight separation of an aileron from the airplane and consequent
reduced controllability of the airplane.
[[Page 5227]]
Actions Since Issuance of Previous Rule
Since the issuance of that AD, the FAA has received additional
information that identifies correlating part numbers for the aileron
serial numbers cited in AD 97-26-04. Specification of those correlating
part numbers with the aileron serial numbers will enable operators to
readily identify certain defective ailerons. Such defective ailerons
could result in in-flight separation of an aileron from the airplane
and consequent reduced controllability of the airplane.
Explanation of Requirements of Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, this AD
supersedes AD 97-26-04 to continue to require a one-time visual
inspection to determine if certain ailerons are installed on the
airplane. This AD also continues to require removing any defective
aileron, replacing it with a new or serviceable aileron, and submitting
an inspection report to the FAA, if necessary.
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.
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 98-NM-09-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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, Safety.
Adoption of the Amendment
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
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]
2. Section 39.13 is amended by removing amendment 39-10247 (62 FR
65600, December 15, 1997), and by adding a new airworthiness directive
(AD), amendment 39-10301, to read as follows:
98-03-09 Boeing: Amendment 39-10301. Docket 98-NM-09-AD.
Supersedes AD 97-26-04, Amendment 39-10247.
Applicability: All Model 737-100, -200, -300, -400, and -500
series airplanes, 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 request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To detect and correct defective ailerons installed on the
airplane, which could result in in-flight separation of an aileron
from the airplane and consequent reduced controllability of the
airplane, accomplish the following:
Note 2: The requirements of this AD specify and clarify the
identification of certain defective ailerons and restate the
requirements of AD 97-26-04, amendment 39-10247. As allowed by the
phrase, ``unless accomplished previously,'' if those requirements of
AD 97-26-04 have already been accomplished, this AD does not require
that those actions be repeated.
(a) Within 60 days after the effective date of this AD, perform
a one-time visual inspection to determine if any aileron having any
of the following serial numbers and correlating part numbers is
installed on the airplane:
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Affected serial Nos. Correlating part Nos.
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BN23................................... 65-46454-22
BN49................................... 65-46454-23
BN56................................... 65-46454-24
BN59................................... 65-46454-24A
BN167.................................. 65-46454-24
BN180.................................. 65-46454-23
BN206.................................. 65-46454-2
BN236.................................. 65-46454-24
162.................................... 65-46454-24
237.................................... 65-46454-24
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(b) If any aileron is found with an affected serial number and
correlating part number identified in paragraph (a) of this AD,
accomplish paragraphs (b)(1) and (b)(2) of this AD.
[[Page 5228]]
(1) Prior to further flight, remove the defective aileron, and
replace it with a new or serviceable aileron. And
(2) Within 10 days after accomplishing the inspection required
by paragraph (a) of this AD, submit a report of any findings of
ailerons specified in paragraph (a) of this AD to the Manager, FAA,
Transport Airplane Directorate, Seattle Aircraft Certification
Office (ACO), 1601 Lind Avenue, SW., Renton, Washington 98055-4056;
telephone (425) 227-2028; fax (425) 227-1181. Information collection
requirements contained in this regulation have been approved by the
Office of Management and Budget (OMB) under the provisions of the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have
been assigned OMB Control Number 2120-0056.
(c) As of the effective date of this AD, no person shall install
on any airplane an aileron having any serial number and correlating
part number identified in paragraph (a) of this AD.
(d) 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 ACO. 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 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
(e) 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.
(f) This amendment becomes effective on February 17, 1998.
Issued in Renton, Washington, on January 27, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-2528 Filed 1-30-98; 8:45 am]
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