[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Rules and Regulations]
[Pages 36087-36090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12633]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-394-AD; Amendment 39-12758; AD 2002-10-12]
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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Boeing Model 737-100, -200, -200C, -300, -400, and -
500 series airplanes. For certain airplanes, this amendment requires a 
one-time inspection or a review of the maintenance records of the 
airplane to determine if a particular control rod barrel for the 
aileron tabs is installed, and follow-on repetitive inspections for 
cracking of the control rod barrels and replacement of the control rod 
barrels with new barrels, if necessary. Such replacement terminates the 
repetitive inspections. For all airplanes, this amendment prohibits 
installation of a certain control rod barrel for the aileron tabs. The 
actions specified by this AD are intended to prevent the disconnection 
of an aileron tab, which could lead to severe airframe vibrations; 
consequent damage to the aileron tab, aileron, and wing; and possible 
loss of controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective June 27, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 27, 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: Sue Lucier, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2186; 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 all Boeing Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes was published in the 
Federal Register on September 4, 2001 (66 FR 46247). For certain 
airplanes, that action proposed to require a one-time inspection or a 
review of the maintenance records of the airplane to determine if a 
particular control rod barrel for the aileron tabs is

[[Page 36088]]

installed, and follow-on repetitive inspections for cracking of the 
control rod barrels and replacement of the control rod barrels with new 
barrels, if necessary. Such replacement would terminate the repetitive 
inspections. For all airplanes, that action proposed to prohibit 
installation of a certain control rod barrel for the aileron tabs.

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.

Change Compliance Time

    One commenter asks that the compliance time specified in paragraph 
(b)(1) of the proposed rule be changed from flight cycles to flight 
hours. That paragraph specifies repeating the inspections of the 
control rod barrels at least every 3,200 flight cycles, and replacing 
the affected control rod barrels within 20,000 flight cycles. The 
commenter states that Boeing Special Attention Service Bulletin 737-27-
1223, dated October 21, 1999, specifies repeating those inspections 
every 3,200 flight HOURS, and replacing affected control rod barrels 
within 20,000 flight HOURS.
    The FAA agrees with the commenter. Our intent in the proposed rule 
was to mandate the compliance time specified in service bulletin. Since 
we did not intend to use flight cycles, and did not include a 
difference paragraph declaring our intent to use flight cycles, this 
change does not expand the scope of the final rule. We have changed 
paragraph (b)(1) of this final rule accordingly.

Clarify Paragraph (b)(2)

    One commenter asks for clarification of paragraph (b)(2) of the 
proposed rule. The commenter states that the paragraph specifies 
replacement of all control rod barrels if any cracking is found. The 
commenter notes that, per data received from the manufacturer, the gray 
colored control rod barrels do not need to be replaced even if the 
white control rod barrels are found cracked.
    We agree with the commenter. We have changed paragraph (b)(2) of 
the final rule for clarification to read, ``If any cracking is found, 
before further flight, replace all AFFECTED control rod barrels *-*-
*.''

Extend Repetitive Inspection Interval

    One commenter states that the repetitive inspection interval 
specified in paragraph (b)(1) of the proposed rule would not allow 
operators sufficient time to first complete the initial inspection of 
the control rod barrels before doing the repeat inspections without 
scheduling aircraft down-time. The commenter asks that the interval be 
extended to 6,000 flight hours.
    We do not agree with the commenter because it provided no 
justification for its request and no data to support that its 
suggestion would provide an acceptable level of safety were submitted. 
The specified repetitive interval is based on the recommendation of the 
manufacturer and on the schedule of the majority of operators. However, 
the commenter may apply for an approval of an alternate method of 
compliance, in accordance with paragraph (e) of this AD. No change is 
made to the final rule in this regard.

Alternate Method of Compliance

    One commenter asks that an X-ray or ultrasound inspection be 
allowed as an alternate to replacing the affected control rod barrels. 
The commenter states that these inspections would reveal defects 
without relying on the color of the paint; then, only the control rod 
barrels with such defects would be replaced, instead of all affected 
control rod barrels. The commenter adds that the control rod barrels 
also would be permanently marked after they are inspected, which would 
eliminate the need for removal and subsequent flight test.
    The FAA does not agree with the commenter. No reliable method of 
inspecting for the defect in the control rod barrels has been submitted 
to the FAA, so no approval can be given for such inspections. In 
addition, the commenter did not provide sufficient technical details 
for the proposed inspections. However, we would consider this option 
under the provisions for requesting approval of an alternate method of 
compliance, as provided in paragraph (e) of this final rule, if 
substantiating data are provided. No change is made to the final rule 
in this regard.

Change Cost Impact

    One commenter states that the labor estimates in the proposed rule 
do not agree with the estimates in the referenced service bulletin. The 
commenter notes that there are a large number of fasteners that must be 
removed before removal of the panel that allows access to the control 
rod barrels, and a flight test is required if the rods are replaced or 
the adjustment is changed. The commenter adds that, although incidental 
costs are not included in the cost basis for rulemaking, the access 
requirements and flight test are not incidental and should be included 
in the cost analysis of the final rule.
    We do not agree with the commenter. The cost impact information 
describes only the ``direct'' costs of the specific actions required by 
this AD. We recognize that, in accomplishing the requirements of any 
AD, operators may incur ``incidental'' costs in addition to ``direct'' 
costs. The cost analysis in AD rulemaking actions, however, typically 
does not include incidental costs, such as the time necessary to gain 
access to the control rod barrels and to perform a flight test. Because 
incidental costs may vary significantly from operator to operator, they 
are almost impossible to calculate. Therefore, no change is made to the 
final rule in this regard. We note that a flight test is only necessary 
if all four rod barrels are replaced.

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 2,900 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,250 airplanes of U.S. 
registry will be affected by this AD.
    It will take approximately 1 work hour per airplane to accomplish 
the inspection to determine the color of the control rod barrels for 
the aileron tabs or the review of maintenance records, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the inspection or review required by this AD on U.S. 
operators is estimated to be $75,000, 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. 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.

[[Page 36089]]

    If subject control rod barrels are installed, it will take 
approximately 1 work hour per airplane to accomplish the follow-on 
inspections, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the follow-on inspections is 
estimated to be $60 per airplane, per inspection cycle.
    If subject control rod barrels are installed, it will take 
approximately 2 work hours per airplane to replace each control rod 
barrel, at an average labor rate of $60 per work hour. Based on these 
figures, the cost impact of this replacement is estimated to be $120 
per airplane. Up to four control rod barrels (two for each aileron) may 
need to be replaced on each airplane.

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.


 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2002-10-12  Boeing: Amendment 39-12758. Docket 2000-NM-394-AD.

    Applicability: All Model 737-100, -200, -200C, -300, -400, and -
500 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 a disconnected aileron tab, which could lead to 
severe airframe vibrations; consequent damage to the aileron tab, 
aileron, and wing; and loss of controllability of the airplane; 
accomplish the following:

One-Time Inspection

    (a) Within 3,200 flight hours after the effective date of this 
AD, do paragraph (a)(1) or (a)(2) of this AD.
    (1) Do a one-time general visual inspection to determine whether 
an aileron tab control rod barrel having part number 69-60083-1 is 
installed by determining the color of the control rod barrels, 
according to Boeing Special Attention Service Bulletin 737-27-1223, 
dated October 21, 1999. No further action is required by this AD for 
gray-colored control rod barrels. If any white-colored control rod 
barrel with part number 69-60083-1 is installed, or if the color or 
part number of any control rod barrel cannot be determined, do 
paragraph (b) of this AD.
    (2) Review the maintenance records for the airplane to determine 
whether an aileron tab control rod barrel having part number 69-
60083-1 is installed. If no control rod barrel with that part number 
is installed, no further action is required by this AD. If any 
control rod barrel with that part number is installed, do paragraph 
(b) of this AD.

    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.''

Follow-On Actions: Repetitive Inspections and Replacement

    (b) For airplanes that have a control rod barrel for the aileron 
tabs having part number 69-60083-1 or a control rod barrel on which 
the color or part number cannot be determined: Within 3,200 flight 
hours after the effective date of this AD, do a detailed inspection 
for cracking of the affected control rod barrels according to Boeing 
Special Attention Service Bulletin 737-27-1223, dated October 21, 
1999.

    Note 3: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect 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.''

    (1) If no cracking is found, repeat the inspection for cracking 
at least every 3,200 flight hours, AND, within 20,000 flight hours 
after the effective date of this AD, replace all affected control 
rod barrels for the aileron tabs with new or reworked control rod 
barrels, according to the service bulletin. Such replacement 
terminates the repetitive inspections.
    (2) If any cracking is found, before further flight, replace all 
affected (cracked, having part number 69-60083-1 or on which the 
color or part number cannot be determined) control rod barrels with 
new or reworked control rod barrels, according to the service 
bulletin.

    Note 4: If any control rod barrel for the aileron tab is 
cracked, all affected control rod barrels on the airplane must be 
replaced at the same time because the discrepancy may exist in the 
entire lot of parts.

Reporting Requirement

    (c) If any cracked control rod barrel for the aileron tabs is 
found during the inspections required by paragraph (b) of this AD, 
report findings to the FAA Certification Management Office, 1601 
Lind Avenue, SW., Renton, Washington 98055-4056, at the applicable 
time specified in paragraph (c)(1) or (c)(2) of this AD. 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 
the effective date of this AD: Submit the report within 10 days 
after performing the inspection required by paragraph (b) of this 
AD.
    (2) For airplanes on which the inspection has been accomplished 
prior to the effective date of this AD: Submit the report within 10 
days after the effective date of this AD.

Spares

    (d) For all airplanes: As of the effective date of this AD, no 
person may install a control rod barrel for the aileron tab having 
part number 69-60083-1 on any airplane.

[[Page 36090]]

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 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

    (f) Special flight permits may be issued in accordance with 
 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 (a)(2) of this AD, the 
actions shall be done in accordance with Boeing Special Attention 
Service Bulletin 737-27-1223, dated October 21, 1999. 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

    (h) This amendment becomes effective on June 27, 2002.

    Issued in Renton, Washington, on May 14, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-12633 Filed 5-22-02; 8:45 am]
BILLING CODE 4910-13-P