[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Proposed Rules]
[Pages 59183-59185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29427]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-37-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-600, -700, -700C, and 
-800 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 737-600, -
700, -700C, and -800 series airplanes. This proposal would require a 
one-time inspection of certain fasteners in rudder pedal housings to 
determine if pan-head fasteners are installed, and replacement of 
existing fasteners with improved fasteners, if necessary. This action 
is necessary to prevent loss of free movement of the rudder pedals, 
which could result in reduced controllability of the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by January 11, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-37-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-37-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 the proposed rule 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.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:

[[Page 59184]]

     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 proposed 
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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-37-AD.'' The postcard will be date-stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2001-NM-37-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that, during a check of 
the flight controls by the captain, a rudder pedal on a Boeing Model 
737-800 series airplane caught on a pan-head fastener on the upper 
cover assembly of the rudder pedal housing. Further investigation 
revealed that this condition may occur when the rudder pedal for either 
the captain or first officer is adjusted to the full-forward position 
and a side load is applied to the rudder pedal. This condition, if not 
corrected, could prevent free movement of the pedal, and result in 
reduced controllability of the airplane.
    The fasteners on the upper cover assembly of the rudder pedal 
housing on certain Boeing Model 737-600, -700, and -700C series 
airplanes may be the same as those installed on Model 737-800 series 
airplanes. Therefore, those airplanes may also be subject to the same 
unsafe condition described above.
    Airplanes after line number 295 have been delivered with flush-head 
fasteners installed in the subject area, and are not subject to this 
unsafe condition.

Explanation of Relevant Service Information

    We have reviewed and approved Boeing Alert Service Bulletin 737-
25A1383, Revision 1, dated December 2, 1999, which describes procedures 
for a one-time inspection of fasteners on the upper cover assembly of 
the housing for the captain's and first officer's rudder pedals to 
determine if pan-head fasteners are installed, and replacement of all 
pan-head fasteners with improved (flush-head) fasteners, including 
countersink-drilling of the fastener holes. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously, except as discussed below.

Difference Between Proposed AD and Service Bulletin

    The proposed AD differs from the service bulletin in the following 
ways:
     The service bulletin recommends that the actions therein 
be done as soon as manpower and materials are available. However, we 
find that such a compliance time may not ensure that the necessary 
actions are completed in a timely manner. Therefore, this proposed AD 
would require the replacement of all pan-head bolts with improved bolts 
within 12 months after the effective date of this AD.
     The effectivity listing of the service bulletin identifies 
only Model 737-600, -700, and -800 series airplanes as being subject to 
the actions described therein. However, in reviewing the effectivity 
listing, the FAA finds that Model 737-700C series airplanes are also 
included. Therefore, Model 737-700C series airplanes are included in 
the applicability statement in this proposed AD.
     The service bulletin does not specify what type of 
inspection is needed to determine if pan-head fasteners are installed 
on the upper cover assembly of the housing for the captain's and first 
officer's rudder pedals. The FAA has determined that the procedures in 
the service bulletin describe a general visual inspection. Note 2 of 
this proposed AD defines that type of inspection.

Cost Impact

    There are approximately 264 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 123 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
1 work hour per airplane to accomplish the proposed inspection, and 
that the average labor rate is $60 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $7,380, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed 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.
    Should an operator be required to accomplish the replacement of 
fasteners, it would take approximately 2 work hours per airplane to 
accomplish the repair, at an average labor rate of $60 per work hour. 
Required parts would be provided by the manufacturer at no cost to the 
operator. Based on these figures, the cost impact of any repair action 
is estimated to be $120 per airplane.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the

[[Page 59185]]

location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Boeing: Docket  2001-NM-37-AD.
    Applicability: Model 737-600, -700, -700C, and -800 series 
airplanes; line numbers 1 through 295 inclusive; 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 (b) 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 free movement of the rudder pedals, which 
could result in reduced controllability of the airplane, accomplish 
the following:

Replacement of Fasteners

    (a) Within 12 months after the effective date of this AD, do a 
one-time general visual inspection of the fasteners on the upper 
cover assembly of the housing for the captain's and first officer's 
rudder pedals to determine if pan-head fasteners are installed, 
according to Boeing Alert Service Bulletin 737-25A1383, Revision 1, 
dated December 2, 1999. Replace all pan-head fasteners on the upper 
cover assembly of the housing for the captain's and first officer's 
rudder pedals with improved (flush-head) fasteners, including 
countersink-drilling the fastener holes, according to the service 
bulletin.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Alternative Methods of Compliance

    (b) 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

    (c) 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.

    Issued in Renton, Washington, on November 20, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-29427 Filed 11-26-01; 8:45 am]
BILLING CODE 4910-13-P