[Federal Register Volume 66, Number 77 (Friday, April 20, 2001)]
[Rules and Regulations]
[Pages 20194-20196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9764]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-48-AD; Amendment 39-12186; AD 2001-08-09]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-600, -700, -800, and -
700C 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 certain Boeing Model 737-600, -700, -800, and -700C 
series airplanes, that currently requires initial and repetitive 
inspections of the elevator tab assembly to detect any damage or 
discrepancy; and corrective actions, if necessary. This amendment 
clarifies the applicability and certain requirements of the AD. This 
amendment is prompted by requests for such clarification. The actions 
specified in this AD are intended to prevent excessive in-flight 
vibrations of the elevator tab, which could lead to loss of the 
elevator tab and reduced controllability of the airplane.

DATES: Effective May 7, 2001.
    The incorporation by reference of certain publications listed in 
the regulations was approved previously by the Director of the Federal 
Register as of March 20, 2001 (66 FR 13229, March 5, 2001).
    Comments for inclusion in the Rules Docket must be received on or 
before June 19, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-48-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-48-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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 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.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2028; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: On February 21, 2001, the FAA issued AD 
2001-04-08, amendment 39-12127 (66 FR 13229, March 5, 2001), applicable 
to certain Boeing Model 737-600, -700, -800, and -700C series 
airplanes, to require initial and repetitive inspections of the 
elevator tab assembly to detect any damage or discrepancy; and 
corrective actions, if necessary. That action was prompted by numerous 
reports of excessive in-flight vibrations of the elevator tab on Model 
737-600, -700, and -800 series airplanes. The actions required by that 
AD are intended to prevent excessive in-flight vibrations of the 
elevator tab, which could lead to loss of the elevator tab and reduced 
controllability of the airplane.

Comments Received Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA has received a request for 
clarification of the applicability of the existing AD, which points to 
airplanes listed in Revision 1 of Boeing Alert Service Bulletin 737-
55A1072. We find that, as written, the applicability of the AD could be 
misinterpreted to mean that future production airplanes or Model 737-
700C series airplanes are not affected because the service bulletin 
does not specifically mention those airplanes. Since we intended that 
the requirements of that AD apply to all Model 737-600, -700, -800, and 
-700C series airplanes, including future production airplanes, the 
applicability of this AD has been revised to read as follows: ``All 
Model 737-600, -700, -800, and -700C series airplanes, certificated in 
any category.''
    In addition, we received a request for clarification as to whether 
operators are required to report results of inspection findings. This 
question arises because paragraphs (a) through (d) of the existing AD 
include a reference to ``Appendix A'' of the alert service bulletin. 
That Appendix consists of a form on which inspection findings are 
documented and submitted. We agree that clarification is necessary. The 
reference to Appendix A of the alert service bulletin should not have 
been included as part of the alert service bulletin citation, and has 
been removed from this AD. This AD does not require that operators 
report results of inspection findings to the FAA.

Clarification of Repetitive Inspection Requirement

    We also have determined that the requirements of paragraph (c)(2) 
of the existing AD require clarification. We intended that repetitive 
inspections be done on all airplanes, whether or not any damage or 
discrepancy is found when doing the inspection required by paragraph 
(c) or when doing the corrective actions per paragraph (c)(2) of the 
AD. These repetitive inspections were specified in Table 1 of the 
preamble of the existing AD. We have changed paragraph (c)(2) to 
clarify this requirement.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design, this AD 
supersedes AD 2001-04-08 to continue to require initial and repetitive 
inspections of the elevator tab assembly to detect any damage or 
discrepancy; and corrective

[[Page 20195]]

actions, if necessary. This AD clarifies the applicability and certain 
requirements of the existing AD.

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.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 2001-NM-48-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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, 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 39-12127 (66 FR 
13229, March 5, 2001), and by adding a new airworthiness directive 
(AD), amendment 39-12186, to read as follows:

2001-08-09  Boeing: Amendment 39-12186. Docket 2001-NM-48-AD. 
Supersedes AD 2001-04-08, Amendment 39-12127.

    Applicability: All Model 737-600, -700, -800, and -700C 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 (e) 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 excessive in-flight vibrations of the elevator tab, 
which could lead to loss of the elevator tab and reduced 
controllability of the airplane, accomplish the following:

Initial and Repetitive Inspections, and Corrective Actions (Work 
Package I)

    (a) Within 30 days or 100 flight cycles after March 20, 2001 
(the effective date of AD 2001-04-08, amendment 39-12127), whichever 
occurs later: Inspect the elevator tab, as specified in the 
Accomplishment Instructions for Work Package I of Boeing Alert 
Service Bulletin 737-55A1072, Revision 1, dated January 11, 2001, to 
detect any damage or discrepancy per the service bulletin.
    (1) If no damage or discrepancy (including loose or missing 
parts, or excessive wear) is found, repeat the inspections required 
by paragraph (a) of this AD thereafter at intervals not to exceed 
250 flight cycles.
    (2) Except as provided by paragraph (d) of this AD, if any 
damage or discrepancy is found, before further flight, do the 
corrective actions (including follow-on inspections; replacing, 
reworking, repairing, and lubricating parts; applying inspection 
putty; cleaning; and aligning and torqueing components) specified in 
Figure 1 of the service bulletin, as applicable. Repeat the 
inspections required by paragraph (a) of this AD thereafter at 
intervals not to exceed 250 flight cycles.

One-Time Freeplay Inspections and Corrective Actions (Work Package II)

    (b) Within 90 days after March 20, 2001, or before the 
accumulation of 750 total flight cycles after airplane delivery, 
whichever occurs later: Do the one-time free-play inspections of the 
elevator tab, as specified in the Accomplishment Instructions for 
Work Package II of Boeing Alert Service Bulletin 737-55A1072, 
Revision 1, dated January 11, 2001, to detect any damage or 
discrepancy per the service bulletin.
    (1) If no damage or discrepancy is found, no further action is 
required by this paragraph.
    (2) If any damage or discrepancy is found, before further 
flight, do the corrective actions specified in Figures 2 and 3 of 
the service bulletin, as applicable.

[[Page 20196]]

Repetitive Inspections and Corrective Actions (Work Package III)

    (c) Within 1,500 flight hours or 750 flight cycles, whichever 
occurs earlier, after doing Work Package II: Inspect the elevator 
tab, as specified in the Accomplishment Instructions for Work 
Package III of Boeing Alert Service Bulletin 737-55A1072, Revision 
1, dated January 11, 2001, to detect any damage or discrepancy per 
the service bulletin.
    (1) If no damage or discrepancy is found, repeat the inspections 
required by paragraph (c) of this AD thereafter at intervals not to 
exceed 1,500 flight hours or 750 flight cycles, whichever occurs 
earlier.
    (2) If any damage or discrepancy is found, before further 
flight, do the applicable corrective actions specified in Figure 2, 
as specified by the Accomplishment Instructions for Work Package 
III, of the service bulletin. Thereafter, repeat the inspections 
required by paragraph (c) of this AD at intervals not to exceed 
1,500 flight hours or 750 flight cycles, whichever occurs earlier.

Repair

    (d) Repair any damage or discrepancy of the elevator tab 
assembly that is outside the limits specified by the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-55A1072, Revision 
1, dated January 11, 2001, per a method approved by the Manager, 
Seattle Aircraft Certification Office (ACO), FAA, or per data 
meeting the type certification basis of the airplane approved by a 
Boeing Company Designated Engineering Representative (DER) who has 
been authorized by the Manager, Seattle ACO, to make such findings. 
For a repair method to be approved by the Manager, Seattle ACO, as 
required by this paragraph, the Manager's approval letter must 
specifically reference this AD.

Alternative Methods of Compliance

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

Special Flight Permits

    (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.

Incorporation by Reference

    (g) Except as provided by paragraph (d) of this AD, the actions 
shall be done in accordance with Boeing Alert Service Bulletin 737-
55A1072, Revision 1, dated January 11, 2001. This incorporation by 
reference was approved previously by the Director of the Federal 
Register as of March 20, 2001 (66 FR 13229, March 5, 2001). 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.

Effective Date

    (h) This amendment becomes effective on May 7, 2001.

    Issued in Renton, Washington, on April 13, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-9764 Filed 4-19-01; 8:45 am]
BILLING CODE 4910-13-P