[Federal Register Volume 67, Number 9 (Monday, January 14, 2002)]
[Rules and Regulations]
[Pages 1603-1605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-200]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 9 / Monday, January 14, 2002 / Rules 
and Regulations  

[[Page 1603]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-44-AD; Amendment 39-12592; AD 2002-01-01]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 737-100, -200, -200C, -300, -400, 
and -500 series airplanes, that requires initial and repetitive 
inspections of the elevator tab assembly to find any damage or 
discrepancy; and corrective actions, if necessary. The actions 
specified by this AD are intended to prevent excessive in-flight 
vibrations of the elevator tab, which could lead to loss of the 
elevator tab and consequent loss of controllability of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Effective February 19, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 19, 2002.

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: 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: 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 Boeing Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes was published in the 
Federal Register on May 31, 2001 (66 FR 29514). That action proposed to 
require initial and repetitive inspections of the elevator tab assembly 
to find any damage or discrepancy; and corrective actions, if 
necessary.

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 has no objection to the proposed rule.

Clarify Repetitive Inspection Intervals

    Two commenters ask for clarification of the repetitive inspection 
interval for Work Packages II and III, as specified in paragraph (a) of 
the proposed rule. One commenter states that it is unclear which 
interval the operator should use for the repetitive inspections: the 
interval in paragraph (a) or (b) of the proposed rule. The commenter 
adds that if the operator adheres to Work Package III using the more 
restrictive repetitive inspection intervals specified in paragraph (a), 
the requirement in paragraph (b) of the proposed rule is being met by 
the more frequent inspections; therefore, there is no need to track 
paragraph (b). The second commenter states that it interprets Note 2 of 
the proposed rule as referring to the requirements of the initial 
inspection only, and not to the repetitive inspection intervals 
specified in paragraphs (a) and (b) of the proposed rule. The commenter 
adds that its interpretation is that the repetitive inspections are 
still required at the intervals specified in paragraphs (a) and (b) of 
the proposed rule, but an inspection done per Work Package III can be 
used to take credit for the inspection specified in Work Package II.
    The FAA concurs that clarification of the correct repetitive 
inspection interval for substitution of Work Package III for Work 
Package II, as specified in paragraph (a) of the final rule, is 
necessary. If the repetitive inspections in paragraph (a) are being 
done per Work Package III, it is not necessary to track paragraph (b), 
as noted by the first commenter. Note 2 of this final rule has been 
changed for clarification.

Clarify Reporting Requirement

    One commenter asks that the FAA add a note to the proposed rule 
stating that the FAA is not requiring the reporting requirement that is 
specified in Boeing Service Bulletin 737-55A1070, Revision 1. The 
commenter adds that a section should be added to the proposed rule 
stating that operators should submit their findings to Boeing after 
each inspection.
    The FAA agrees that some clarification is necessary. Although the 
referenced service bulletin specifies that a report of inspection 
results should be submitted to the airplane manufacturer (Boeing) after 
each inspection, and provides the information to be included in that 
report, we are not mandating the reporting requirement in this final 
rule. We have added this clarification to paragraphs (a) and (b) of the 
final rule.

Referenced Service Information

    One commenter notes several issues with the service bulletin:
     Page 25 of Boeing Service Bulletin 737-55A1070, Revision 
1, dated May 10, 2001, specifies concurrent accomplishment of certain 
service bulletins. The commenter would like clarification as to whether 
the referenced service bulletins are required to be accomplished 
concurrently with accomplishment of Boeing Service Bulletin 737-
55A1070.
     Page 76 of the service bulletin has a typographical error 
in Item (g). That item specifies VMM 55-30-16, which should be CMM 55-
30-16.
     Figures 3 and 4 of the service bulletin will be difficult 
to break into the three work packages, as these figures have combined 
all three packages into each figure, and have separated the Model 737-
200 and -400 series airplanes. The commenter would like the figures 
broken out to have one figure

[[Page 1604]]

for each work package and airplane model.
    The commenter has notified the airplane manufacturer of the above 
issues.
    The FAA will inform the airplane manufacturer of the changes 
requested by the commenter, and we can clarify some of the issues noted 
by the commenter:
     The service bulletins referenced on page 25 of Boeing 
Service Bulletin 737-55A1070 are not required to be accomplished 
concurrently with the bulletin referenced in this final rule. The 
manufacturer merely recommends concurrent accomplishment because the 
actions are similar to those in this final rule.
     We agree that Item (g) on page 76 of the bulletin 
references an incorrect acronym (VMM); the bulletin should refer to the 
Component Maintenance Manual, so the correct acronym is CMM.
     Only the airplane manufacturer can make revisions or 
corrections to the figures illustrated in the service bulletin.
    No changes to the final rule are necessary in this regard.

Change Paragraph (a)

    One commenter asks that the initial detailed visual/free play 
inspections specified in paragraph (a) of the proposed rule limit the 
inspections for Work Package I to the ones for elevator tab free play, 
elevator tab hinge free play, and tab axial free play only. The 
commenter notes that the detailed visual inspections are not necessary. 
The commenter also asks that a check be included to ensure that self-
locking castellated nuts with cotter pins are installed at each hinge 
location. The commenter states that the elevator tab and attachment 
hardware are inspected during the elevator tab hinge free play 
inspection, so another inspection is redundant. The commenter adds that 
the detailed visual inspection procedure for the elevator tab 
attachment hardware cannot be completed because, although the bolt can 
be wiggled or moved to check for unusual looseness, the spacers and 
bushings cannot be checked without removing the tab from the elevator. 
Additionally, the commenter notes that the attachment hardware of the 
elevator tab control push rod was already addressed in AD 2000-19-05, 
amendment 39-11906 (65 FR 65258, November 1, 2000), which requires 
replacement of all existing bolts and attachment nuts at the forward 
and aft end attachment of each elevator tab push rod with new bolts and 
self-locking castellated nuts.
    The FAA does not agree with the commenter. Although a partial 
visual inspection may be done during the free play inspection, no 
minimum level of inspection is defined by the service bulletin. Figures 
3 and 4 of Work Package I of the service bulletin describe procedures 
for doing the free play inspections, but do not describe procedures for 
a visual inspection. Contrary to the commenter's statement that a 
visual inspection cannot be completed unless the tab is removed, the 
spacers and bushings can indeed be visually inspected for unusual 
looseness without removing the tab, either by inspecting manually or 
using a probe. We also disagree that the free play inspections are a 
substitute for the detailed visual inspections. Additionally, AD 2000-
19-05 requires a one-time visual inspection of the attachment nuts at 
the forward- and aft-end attachment of each elevator push rod only, 
and, therefore, is not a substitute for the repetitive inspections of 
the tab, hinges, and control mechanism required by this AD. No change 
to the final rule is necessary in this regard.

Add Paragraph or Note

    One commenter asks that a paragraph or note be added to the 
proposed rule stating that installation of a new or overhauled elevator 
and tab assembly during a maintenance visit meets the intent of Work 
Packages II and III, and, therefore, paragraph (a) of the proposed rule 
does not need to be done during that maintenance visit.
    The FAA does not agree. A complete definition of configuration and 
installation procedures that meet all the requirements of this AD for a 
new or overhauled elevator and tab assembly, is currently not 
available. However, once those procedures are defined, the FAA may 
approve requests for alternative methods of compliance under the 
provisions of paragraph (d) of the final rule, if data are submitted to 
substantiate that adequate installation procedures have been developed 
and an acceptable level of safety can be maintained.

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 2,790 Model 737 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 1,080 
airplanes of U.S. registry will be affected by this AD, as follows:

------------------------------------------------------------------------
                                    Work hours    Cost per
           Work package              @ $60/WH     airplane    Fleet cost
------------------------------------------------------------------------
I................................           18       $1,080   $1,166,400
II...............................            9          540      583,200
III..............................           14          840      907,200
------------------------------------------------------------------------

    The cost impact figures discussed above are 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)

[[Page 1605]]

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:

2002-01-01  Boeing: Amendment 39-12592. Docket 2000-NM-44-AD.

    Applicability: Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes, line numbers 1 through 3132 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 (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 prevent excessive in-flight vibrations of the elevator tab, 
which could lead to loss of the elevator tab and consequent loss of 
controllability of the airplane, accomplish the following:

Initial/Repetitive Inspections

    (a) Do the applicable initial detailed visual/free play 
inspections of the elevator tab assembly on the left and right sides 
of the airplane to find any damage or discrepancy per Work Package I 
of Boeing Service Bulletin 737-55A1070, Revision 1, dated May 10, 
2001; at the times specified in paragraph (a)(1) or (a)(2) of this 
AD, as applicable. Repeat the free-play inspections after that at 
intervals not to exceed 1,500 flight cycles or 2,000 flight hours, 
whichever comes first, per either Work Package II or Work Package 
III of the service bulletin. Where the service bulletin specifies 
reporting the inspection results to the manufacturer, this AD does 
not require such reporting.

    Note 2: There is a one-way interchangeability between the free-
play inspections specified in Work Packages II and III. The 
repetitive free-play inspections specified in Work Package II can be 
replaced by the repetitive free-play inspections specified in Work 
Package III at the repetitive inspection intervals specified in 
paragraph (a) of this AD. But the repetitive free-play inspections 
specified in Work Package III cannot be replaced by the repetitive 
free-play inspections specified in Work Package II.

    (1) For airplanes having less than 4,500 total flight cycles: 
Before the accumulation of 4,500 total flight cycles or within 120 
days after the effective date of this AD, whichever comes later.
    (2) For airplanes having 4,500 or more total flight cycles: Do 
the inspections at the times specified in paragraph (a)(2)(i) or 
(a)(2)(ii) of this AD, as applicable.
    (i) Within 120 days after the effective date of this AD.
    (ii) If the initial inspections were done before the effective 
date of this AD per Boeing All Operator Telex M-7200-00-00034, dated 
February 15, 2000: Within 1,500 flight cycles or 2,000 flight hours 
after the effective date of this AD, whichever comes later.

    Note 3: Initial inspections done before the effective date of 
this AD per Boeing Alert Service Bulletin 737-55A1070, dated January 
13, 2000, are considered acceptable for compliance with the initial 
inspections required by paragraph (a) of this AD.


    Note 4: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation or assembly to find 
damage, failure or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc. may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (b) Within 4,500 flight cycles or 6,000 flight hours, whichever 
comes first, after doing the initial inspections required by 
paragraph (a) of this AD: Do the free-play inspections of the 
elevator tab assembly on the left and right sides of the airplane to 
find any damage or discrepancy per Work Package III of Boeing 
Service Bulletin 737-55A1070, Revision 1, dated May 10, 2001. Repeat 
the inspections after that at intervals not to exceed 4,500 flight 
cycles or 6,000 flight hours, whichever comes first. Where the 
service bulletin specifies reporting the inspection results to the 
manufacturer, this AD does not require such reporting.

Corrective Actions

    (c) If any damage or discrepancy is found after doing any 
inspection required by paragraph (a) or (b) of this AD, before 
further flight, do the applicable corrective action per the 
Accomplishment Instructions of Boeing Service Bulletin 737-55A1070, 
Revision 1, dated May 10, 2001.

Alternative Methods of Compliance

    (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 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 5: 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

    (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.

Incorporation by Reference

    (f) The actions shall be done in accordance with Boeing Service 
Bulletin 737-55A1070, Revision 1, including appendices A, B, and C, 
dated May 10, 2001. 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

    (g) This amendment becomes effective on February 19, 2002.

    Issued in Renton, Washington, on December 28, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-200 Filed 1-11-02; 8:45 am]
BILLING CODE 4910-13-P