[Federal Register Volume 66, Number 212 (Thursday, November 1, 2001)]
[Rules and Regulations]
[Pages 55075-55078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27215]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-395-AD; Amendment 39-12492; AD 2001-22-13]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-100, -200, -300, -400, 
and -500 Series Airplanes; and Model 747, 757, 767, and 777 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 737-100, -200, -300, -400, and -500 
series airplanes; and certain Boeing Model 747, 757, 767, and 777 
series airplanes; that requires replacing the rudder pedal pushrod 
fasteners for both the captain's and first officer's pedal assemblies 
with new, improved fasteners. This action is necessary to prevent loss 
of rudder control due to improperly torqued fasteners that connect the 
pushrod to the rudder pedal assembly, which could result in loss of 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective December 6, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 6, 2001.

ADDRESSES: 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: Barbara Mudrovich, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2983; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Model 737-100, -200, -300, 
-400, and -500 series airplanes; and Model 747, 757, 767, and 777 
series airplanes; was published in the Federal Register on April 20, 
2001 (66 FR 20218). That action proposed to require replacing the 
rudder pedal pushrod fasteners for both the captain's and first 
officer's pedal assemblies with new, improved fasteners.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter supports the proposed rule; a second commenter states 
that it has no technical objection and intends to accomplish the 
proposed actions; and a third commenter states no objection to the 
proposed rule.

Refer to Additional Sources of Service Information

    Two commenters request that the FAA revise Table 2 of the proposed 
AD to refer to Boeing Service Bulletin 767-27A0159, Revision 1, dated 
April 5, 2001, as an acceptable source of service information for the 
actions in paragraph (a) of the proposed AD. (The proposed AD refers to 
the original issue of Boeing Alert Service Bulletin 767-27A0159, dated 
June 10, 1999, as an acceptable source of service information for 
accomplishment of the actions in paragraph (a) of the proposed rule on 
affected Model 767 series airplanes.) One of the commenters also 
requests that we add a new note similar to Note 2 to cover 
incorporation of Boeing Service Bulletin 767-27A0159, Revision

[[Page 55076]]

1, as acceptable for compliance with the proposed AD.
    We concur with the commenters' request to reference Boeing Service 
Bulletin 767-27A0159, Revision 1, in Table 2 of this AD and have 
revised Table 2 accordingly. Since we are making this change, we find 
that there is no need to add a new note similar to Note 2 of this AD to 
the final rule as one of the commenters suggested.
    One commenter also asks us to revise Table 1 under the 
applicability statement of the proposed AD to refer to Boeing Alert 
Service Bulletin 737-27A1214, dated April 8, 1999, and Boeing Service 
Bulletin 767-27A0159, Revision 1. (Table 1 of the proposed AD lists 
Boeing Service Bulletin 737-27A1214, Revision 1, dated July 1, 1999, as 
the applicable service bulletin listing affected Model 737-100, -200, -
300, -400, and ``500 series airplanes; and the original issue of Boeing 
Alert Service Bulletin 767-27A0159, as the applicable service bulletin 
listing affected Model 767 series airplanes.) The same commenter also 
asks that we revise Table 2 of the proposed AD to refer to Boeing Alert 
Service Bulletin 737-27A1214, dated April 8, 1999. The commenter's 
rationale for these requests is that these service bulletins provide 
for the incorporation of the improved fasteners and compliance with the 
proposed action.
    We do not concur that any change is necessary. Comparison of the 
effectivity listings of the original issue and Revision 1 of Boeing 
Service Bulletins 737-27A1214 and 767-27A0159 show that both issues of 
these service bulletins list the same affected airplane line numbers. 
Thus, we find that revising Table 1 as the commenter suggests would add 
no value and may be confusing for operators. No change to the final 
rule is necessary in this regard.
    In addition, because Note 2 of this AD already states that the 
original issue of Boeing Alert Service Bulletin 737-27A1214 is 
acceptable for compliance with the applicable action in this AD, we 
find no need to also list that service bulletin in Table 2 of this AD. 
No change to this final rule is necessary in this regard.

Issue Action as a Supersedure of AD 98-13-12 R1

    One commenter suggests that the proposed AD should supersede AD 98-
13-12 R1, amendment 39-10930 (63 FR 68165, December 10, 1998). The 
commenter states that the proposed actions in this AD remove the unsafe 
condition addressed by AD 98-13-12 R1. The commenter also notes that 
operators cannot comply with both AD 98-13-12 R1 and the proposed AD 
because this proposed AD requires rudder pedal pushrod fasteners to be 
torqued at a lower value than that required by AD 98-13-12 R1. The 
commenter is concerned that operators will need to request alternative 
methods of compliance for both of these ADs.
    We do not concur with the request to supersede AD 98-13-12 R1. 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, on certain Boeing Model 737, 747, 
757, 767, and 777 series airplanes. The actions in 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. Corrective actions in that AD include 
tightening nuts and bolts to specified torque limits, installing 
missing fasteners, and replacing incorrectly installed fasteners with 
new fasteners, as applicable. This new AD requires replacement of 
existing rudder pedal pushrod fasteners for both the captain's and 
first officer's pedal assemblies with new, improved fasteners that use 
self-locking, castellated nuts and cotter pins through the bolts for 
nut retention. We consider the actions in this AD to provide an 
improved level of safety over that provided by the actions in AD 98-13-
12 R1.
    Since the compliance time for the actions required by AD 98-13-12 
R1 (90 days after July 6, 1998, which is the effective date of AD 98-
13-12, amendment 39-10600 (63 FR 33246, June 17, 1998)) has passed, 
most airplanes should already be in compliance with that AD. However, 
we find that accomplishment of the requirements of that AD is necessary 
in the event that an affected airplane is added to the U.S. Register. 
In that event, we find that accomplishment of paragraph (a) of this AD 
before the airplane is added to the U.S. Register is acceptable for 
compliance with AD 98-13-12 R1. We have added a new paragraph (b) to 
this AD (and reordered subsequent paragraphs) accordingly.
    With regard to the commenter's perceived need for operators to 
apply for an alternative method of compliance, we note that, once the 
new, improved fasteners are installed according to this AD, the torque 
requirements for the old fasteners referenced in AD 98-13-12 R1 no 
longer apply. Further, the actions in this AD are not considered 
``terminating action'' for AD 98-13-12 R1 because that AD did not 
contain any repetitive actions to terminate. No change to this final 
rule is necessary in this regard.

Extend Compliance Time

    One commenter requests that we extend the compliance time for the 
proposed requirements from 18 to 36 months after the effective date of 
this AD. The commenter's rationale is that there have been very few 
reports of disconnection of the rudder pedal pushrod from the rudder 
pedal assembly, and all affected airplanes have previously been 
inspected per AD 98-13-12 R1.
    We do not concur. In developing an appropriate compliance time for 
this AD, we considered the manufacturer's recommendation, as well as 
the degree of urgency associated with addressing the subject unsafe 
condition, the average utilization of the affected fleet, and the small 
amount of time necessary to perform the inspection (one hour). We have 
also considered that the service bulletins have been available for some 
time, and many operators have already accomplished the required 
actions. In light of all of these factors, the FAA finds an 18-month 
compliance time for completing the required actions to be warranted, in 
that it represents an appropriate interval of time wherein airplanes 
will be able to continue to operate without compromising safety, and 
the majority of operators will be able to do the required work during a 
scheduled maintenance visit. No change to the final rule is necessary 
in this regard.

Revise Cost Impact Estimate

    One commenter requests that the FAA revise the proposed rule to 
increase the cost estimate. The commenter states that it has compiled 
its own cost estimate for this inspection, based on actual direct costs 
incurred, and estimates the costs associated with the proposed AD as 
$125.76 for labor and $226.00 for materials per airplane, for a total 
of $351.76 per airplane.
    We do not concur with the request. With regard to the number of 
work hours necessary to accomplish the actions in this AD, the cost 
impact information describes only the ``direct'' costs of the specific 
actions required by this AD. The number of work hours necessary to 
accomplish the required actions, specified as 1 work hour in the cost 
impact information below, was provided to the FAA by the manufacturer 
based on the best data available to date. This number represents the 
time necessary to perform only the actions actually required by this 
AD. The FAA recognizes that, in accomplishing the requirements of any

[[Page 55077]]

AD, operators may incur ``incidental'' costs in addition to the 
``direct'' costs. The cost analysis in AD rulemaking actions, however, 
typically does not include incidental costs, such as the time required 
to gain access and close up, planning time, or time necessitated by 
other administrative actions. Because incidental costs may vary 
significantly from operator to operator, they are almost impossible to 
calculate.
    With regard to the cost of materials, the cost of parts necessary 
to accomplish the required actions, specified as approximately $75 in 
the cost impact information below, was provided to the FAA by the 
manufacturer based on the best data available to date. The commenter 
did not specify what materials its cost estimate included, so it is 
impossible for the FAA to know the reason for the difference between 
our cost estimate and the commenter's. No change to the final rule is 
necessary in this regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 6,097 Model 737-100, -200, -300, -400, and 
-500 series airplanes; and Model 747, 757, 767, and 777 series 
airplanes; of the affected design in the worldwide fleet. The FAA 
estimates that 2,338 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. Required parts will cost approximately $75 per airplane. 
Based on these figures, the cost impact of this AD on U.S. operators is 
estimated to be $315,630, or $135 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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

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.
    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 adding the following new 
airworthiness directive:

2001-22-13  Boeing: Amendment 39-12492. Docket 2000-NM-395-AD.

    Applicability: Model 737-100, -200, -300, -400, and -500 series 
airplanes; and Model 747, 757, 767, and 777 series airplanes; as 
listed in the following applicable Boeing service bulletin specified 
in the following table; certificated in any category:

                                                         Table 1.--Applicable Service Bulletins
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                             Model                                    Service bulletin               Revision level                     Date
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737-100, -200, -300, -400, and -500...........................  Boeing Service Bulletin 737-  1...........................  July 1, 1999.
                                                                 27A1214.
747...........................................................  Boeing Alert Service          Original....................  June 24, 1999.
                                                                 Bulletin 747-27A2373.
757...........................................................  Boeing Alert Service          Original....................  March 25, 1999.
                                                                 Bulletin 757-27A0129.
767...........................................................  Boeing Alert Service          Original....................  June 10, 1999.
                                                                 Bulletin 767-27A0159.
777...........................................................  Boeing Alert Service          Original....................  April 1, 1999.
                                                                 Bulletin 777-27A0030.
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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 due to improperly torqued 
fasteners that connect the pushrod to the rudder pedal assembly, 
which could result in loss of controllability of the airplane, 
accomplish the following:

Replacement

    (a) Within 18 months after the effective date of this AD: 
Replace the rudder pedal pushrod fasteners for both the captain's 
and first officer's pedal assemblies with new, improved fasteners 
that use self-locking, castellated nuts and cotter pins through the 
bolts for nut retention, per the applicable Boeing service bulletin 
listed in the following table:

[[Page 55078]]



                                                         Table 2.--Applicable Service Bulletins
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                             Model                                    Service bulletin               Revision level                     Date
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737-100, -200, -300, -400, and -500...........................  Boeing Service Bulletin 737-  1...........................  July 1, 1999.
                                                                 27A1214.
747...........................................................  Boeing Alert Service          Original....................  June 24, 1999.
                                                                 Bulletin 747-27A2373.
757...........................................................  Boeing Alert Service          Original....................  March 25, 1999.
                                                                 Bulletin 757-27A0129.
767...........................................................  Boeing Alert Service          Original....................  June 10, 1999.
                                                                 Bulletin 767-27A0159.
767...........................................................  Boeing Service Bulletin 767-  1...........................  April 5, 2001.
                                                                 27A0159.
777...........................................................  Boeing Alert Service          Original....................  April 1,1999.
                                                                 Bulletin 777-27A0030.
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    Note 2: Replacement actions that include replacing the rudder 
pedal pushrod fasteners for both the captain's and first officer's 
pedal assemblies with new, improved fasteners, which use self-
locking, castellated nuts and cotter pins through the bolts for nut 
retention, accomplished before the effective date of this amendment, 
per Boeing Alert Service Bulletin 737-27A1214, dated April 8, 1999, 
are considered acceptable for compliance with the applicable actions 
specified in this amendment.

Compliance With AD 98-13-12 R1

    (b) Accomplishment of the requirements of paragraph (a) of this 
AD before the airplane is added to the U.S. Register is acceptable 
for compliance with AD 98-13-12 R1, amendment 39-10930.

Alternative Methods of Compliance

    (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 Aircraft Certification 
Office (ACO), FAA. 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.

Special Flight Permits

    (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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Boeing Service 
Bulletin 737-27A1214, Revision 1, dated July 1, 1999; Boeing Alert 
Service Bulletin 747-27A2373, dated June 24, 1999; Boeing Alert 
Service Bulletin 757-27A0129, dated March 25, 1999; Boeing Alert 
Service Bulletin 767-27A0159, dated June 10, 1999; Boeing Service 
Bulletin 767-27A0159, Revision 1, dated April 5, 2001; or Boeing 
Alert Service Bulletin 777-27A0030, dated April 1, 1999; as 
applicable. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. 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

    (f) This amendment becomes effective on December 6, 2001.

    Issued in Renton, Washington, on October 24, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-27215 Filed 10-31-01; 8:45 am]
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