[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Rules and Regulations]
[Pages 68165-68167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32360]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-263-AD; Amendment 39-10930; AD 98-13-12 R1]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737, 747, 757, 767, and 
777 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment revises an existing airworthiness directive 
(AD), applicable to certain Boeing Model 737, 747, 757, 767, and 777 
series airplanes, that currently requires a one-time inspection to 
detect discrepancies of the fasteners that connect the pushrods to the 
rudder pedal assemblies; and corrective actions, if necessary. That AD 
was prompted by reports of loose and missing fasteners due to incorrect 
installation. The actions specified by that AD are intended to prevent 
loss of rudder control, jamming of the rudder system, uncommanded 
movement of the rudder system, and consequent reduced controllability 
of the airplane, due to loose or missing fasteners that connect the 
pushrods to the rudder pedal assemblies. This amendment clarifies 
certain procedures for the required inspection and expands the 
applicability to include additional airplanes, which are not currently 
on the U.S. Register.

DATES: Effective December 28, 1998.
    The incorporation by reference of certain publications listed in 
the regulations, is approved by the Director of the Federal Register as 
of December 28, 1998.
    The incorporation by reference of certain other publications was 
approved previously by the Director of the Federal Register as of July 
6, 1998 (63 FR 33246, June 18, 1998).
    Comments for inclusion in the Rules Docket must be received on or 
before February 8, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-263-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
98124-2207. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
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: R.C. Jones, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Transport Airplane 
Directorate, Seattle Aircraft Certification Office, 1601 Lind Avenue, 
SW., Renton, Washington 98055-4056; telephone (425) 227-1118; fax (425) 
227-1181.

SUPPLEMENTARY INFORMATION: On June 11, 1998, the FAA issued AD 98-13-
12, amendment 39-10600 (63 FR 33246, June 18, 1998), applicable to 
certain Boeing Model 737, 747, 757, 767, and 777 series airplanes. That 
AD requires a one-time inspection to detect discrepancies of the 
fasteners that connect the pushrods to the rudder pedal assemblies; and 
corrective actions, if necessary. That action was prompted by reports 
of loose and missing fasteners due to incorrect installation. The 
requirements of that AD are intended to prevent loss of rudder control, 
jamming of the rudder system, uncommanded movement of the rudder 
system, and consequent reduced controllability of the airplane, due to 
loose or missing fasteners that connect the pushrods to the rudder 
pedal assemblies.

Actions Since Issuance of the AD

    Since the issuance of that AD, the FAA has become aware that 
paragraph (a) of the rule misidentifies the area to be inspected. 
Currently, that AD specifies that operators are to inspect the 
fasteners that connect the ``forward'' ends of the pushrods to the 
rudder pedal assemblies. However, the FAA intended to omit any 
reference to either the forward ends or the rear ends of the pushrods. 
(For certain models, the forward end of the pushrod is the subject 
inspection area; for other models, the rear end of the pushrod is the 
subject inspection area.) Therefore, the FAA has revised paragraph (a) 
of the rule to identify ``the ends'' of the pushrods as the appropriate 
area for the required inspection.

New Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
747-27A2368, Revision 1, dated May 7, 1998, and Revision 2, dated May 
28, 1998 (for Boeing Model 747 series airplanes). Revision 1 adds part 
numbers and respective torque value specifications for the nuts for the 
rudder pedal pushrods; these specifications had been inadvertently 
omitted from the original version of that alert service bulletin. 
Revision 2 identifies three Model 747 series airplanes that had been 
incorrectly omitted from the effectivity listing in Boeing Alert 
Service Bulletin 747-27A2368, dated March 26, 1998 (which is cited in 
the existing AD as the appropriate source of service information for 
affected Model 747 series airplanes). The inspection procedures 
described in Revisions 1 and 2 are identical to those described in the 
original version of the alert service bulletin. The only change made by

[[Page 68166]]

Revision 1 is to add specifications for certain parts. The only change 
made by Revision 2 is to expand the effectivity to include additional 
airplanes.
    In addition, the FAA has reviewed and approved Boeing Alert Service 
Bulletin 777-27A0029, Revision 1, dated October 1, 1998 (for Model 777 
series airplanes), which deletes a reference to the Boeing Standard 
Overhaul Practices Manual. The torque range in the manual was higher 
than required for the nut in this application; however, the low-end 
torque specified in that alert service bulletin has not changed. 
Revision 1 also expands the effectivity to include additional 
airplanes.

Explanation of 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, this AD is 
being issued to prevent loss of rudder control, jamming of the rudder 
system, uncommanded movement of the rudder system, and consequent 
reduced controllability of the airplane, due to loose or missing 
fasteners that connect the pushrods to the rudder pedal assemblies. 
This AD revises AD 98-13-12 to continue to require a one-time 
inspection to detect discrepancies of the fasteners that connect the 
pushrods to the rudder pedal assemblies; and corrective actions, if 
necessary. In addition, this action clarifies the inspection procedures 
and expands the applicability to include additional airplanes, which 
are not currently on the U.S. Register. The actions are required to be 
accomplished in accordance with the applicable alert service bulletin.
    In accordance with various bilateral airworthiness agreements with 
countries around the world, the FAA is obligated to advise foreign 
airworthiness authorities of unsafe conditions identified in products 
manufactured in the United States; the issuance of AD's is the means by 
which the FAA satisfies this obligation.

Cost Impact

    There are approximately 5,572 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,477 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 1 
work hour per airplane to accomplish the required actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $88,620, or 
$60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.
    Operators should note that none of the airplanes added by this 
action is on the U.S. Register. The airplanes added to the 
applicability by this revised AD currently are operated by non-U.S. 
operators under foreign registry; therefore, they are not directly 
affected by this AD action. However, the FAA considers that this 
revised rule is necessary to ensure that the unsafe condition is 
addressed in the event that any of the three subject airplanes are 
imported and placed on the U.S. Register in the future.

Determination of Rule's Effective Date

    Because none of the airplanes added by this action is on the U.S. 
Registry, this revision will not increase the burden on U.S. operators 
beyond the requirements of the existing AD. For this reason, it is 
found that notice and opportunity for prior public comment hereon are 
unnecessary, and that good cause exists for making this amendment 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and 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-263-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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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

    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 39-10600 (63 FR 
33246, June 18, 1998), and by adding a new airworthiness directive 
(AD),

[[Page 68167]]

amendment 39-10930, to read as follows:

98-13-12 R1 Boeing: Amendment 39-10930. Docket 98-NM-263-AD. Revises 
AD 98-13-12, Amendment 39-10600.

    Applicability: Model 737, 747, 757, 767, and 777 series 
airplanes; as listed in the following Boeing alert service 
bulletins; certificated in any category.

------------------------------------------------------------------------
          Alert Service Bulletin                        Date
------------------------------------------------------------------------
737-27A1212...............................  Mar. 26, 1998.
747-27A2368, Revision 2...................  May 28, 1998.
757-27A0128...............................  Mar. 26, 1998.
767-27A0156...............................  Mar. 26, 1998.
777-27A0029, Revision 1...................  Oct. 1, 1998.
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    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 (c) 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 prevent loss of rudder control, jamming of the rudder system, 
uncommanded movement of the rudder system, and consequent reduced 
controllability of the airplane, due to loose or missing fasteners 
that connect the pushrods to the rudder pedal assemblies, accomplish 
the following:
    (a) Within 90 days after July 6, 1998 (the effective date of AD 
98-13-12, amendment 39-10600), perform a one-time inspection to 
detect discrepancies of the fasteners that connect the ends of the 
pushrods to the rudder pedal assemblies; in accordance with Boeing 
Alert Service Bulletin 737-27A1212, dated March 26, 1998; 747-
27A2368, dated March 26, 1998, Revision 1, dated May 7, 1998, or 
Revision 2, dated May 28, 1998; 757-27A0128, dated March 26, 1998; 
767-27A0156, dated March 26, 1998; or 777-27A0029, Revision 1, dated 
October 1, 1998; as applicable.
    (1) If no discrepancy is detected, no further action is required 
by this AD.
    (2) If any discrepancy is detected, prior to further flight, 
perform the applicable corrective action in accordance with the 
applicable alert service bulletin.

    Note 2: For Boeing Model 777 series airplanes, inspection and 
corrective action performed prior to the effective date of this AD 
in accordance with Boeing Alert Service Bulletin 777-27A0029, dated 
March 26, 1998, are considered acceptable for compliance with the 
applicable requirements of paragraph (a) of this AD.
    (b) Submit a report of inspection findings (discrepant findings 
only) to the Manager, Seattle Aircraft Certification Office (ACO), 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; fax (425) 227-1181; and to the Boeing 
Commercial Airplane Group, Attention: Manager, Airline Support, P.O. 
Box 3707, Seattle, Washington 98124-2207; at the applicable time 
specified in paragraph (b)(1) or (b)(2) of this AD. The report must 
include a description of any discrepancy found, the airplane serial 
number, and the total number of landings and flight hours 
accumulated on the airplane. Discrepant findings include, but are 
not limited to, loose or missing fasteners, inadequately torqued 
fasteners, and fasteners incorrectly installed on the pedal 
assemblies or pushrod bearing surfaces. 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.
    (1) For airplanes on which the inspection is accomplished after 
July 6, 1998: Submit the report within 10 days after performing the 
inspection required by paragraph (a) of this AD.
    (2) For airplanes on which the inspection has been accomplished 
prior to July 6, 1998: Submit the report within 10 days after the 
effective date of this AD.
    (c) 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.

    (d) 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.
    (e) The actions shall be done in accordance with:
     Boeing Alert Service Bulletin 737-27A1212, dated March 
26, 1998;
     Boeing Alert Service Bulletin 757-27A0128, dated March 
26, 1998;
     Boeing Alert Service Bulletin 767-27A0156, dated March 
26, 1998;
     Boeing Alert Service Bulletin 777-27A0029, Revision 1, 
dated October 1, 1998;
     Boeing Alert Service Bulletin 747-27A2368, dated March 
26, 1998;
     Boeing Alert Service Bulletin 747-27A2368, Revision 1, 
dated May 7, 1998; or
     Boeing Alert Service Bulletin 747-27A2368, Revision 2, 
dated May 28, 1998.
    (1) The incorporation by reference of Boeing Alert Service 
Bulletin 747-27A2368, Revision 1, dated May 7, 1998; Boeing Alert 
Service Bulletin 747-27A2368, Revision 2, dated May 28, 1998; and 
Boeing Alert Service Bulletin 777-27A0029, Revision 1, dated October 
1, 1998, is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Boeing Alert Service 
Bulletin 737-27A1212, dated March 26, 1998; Boeing Alert Service 
Bulletin 757-27A0128, dated March 26, 1998; Boeing Alert Service 
Bulletin 767-27A0156, dated March 26, 1998; and Boeing Alert Service 
Bulletin 747-27A2368, dated March 26, 1998; was approved previously 
by the Director of the Federal Register as of July 6, 1998 (63 FR 
33246, June 18, 1998).
    (3) Copies may be obtained from Boeing Commercial Airplane 
Group, P.O. 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.
    (f) This amendment becomes effective on December 28, 1998.

    Issued in Renton, Washington, on November 30, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-32360 Filed 12-9-98; 8:45 am]
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