[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]
BILLING CODE 4910-13-P