[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Rules and Regulations]
[Pages 62347-62350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25458]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-248-AD; Amendment 39-12904; AD 2002-19-51 R1]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2002-19-51 R1 that was sent 
previously to all known U.S. owners and operators of all Boeing Model 
737 series airplanes by individual notices. This AD revises existing AD 
2002-19-51 that currently requires, for certain airplanes, an 
inspection to determine the serial number of certain flight control 
modules (FCM), having P/N 65-44891-7, and corrective actions if 
necessary. That AD was prompted by reports of failed FCMs, which 
resulted in sluggish response of the aileron, elevator, and rudder 
surfaces. This AD revises the existing AD to provide operators with 
additional options for compliance, to specify the serial numbers of the 
affected compensator, and to make other editorial changes. The actions 
specified by this AD are intended to prevent operation with one failed 
FCM, which could result in reduced controllability of the airplane, or 
with two failed FCMs, which could result in loss of control of the 
airplane.

[[Page 62348]]


DATES: Effective October 15, 2002, to all persons except those persons 
to whom it was made immediately effective by emergency AD 2002-19-51 
R1, issued on September 18, 2002, which contained the requirements of 
this amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before December 6, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-248-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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. 2002-NM-248-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.
    Information pertaining to this AD may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Kenneth W. Frey, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2673; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION:

Background

    On September 13, 2002, the FAA issued airworthiness directive (AD) 
2002-19-51, applicable to all Boeing Model 737 series airplanes, to 
require, for certain airplanes, an inspection to determine whether 
flight control modules (FCM) having part number (P/N) 65-44891-7 with 
serial number (S/N) 8726 or greater (hereafter referred to as ``suspect 
FCMs'') are installed, and corrective actions if necessary. The 
corrective actions include replacing the suspect FCM(s) with a 
serviceable FCM(s) having P/N 65-44891-7 with a S/N less than 8726, and 
revising the FAA-approved Airplane Flight Manual (AFM) to include 
procedures for certain airplanes to identify failures of suspect FCMs 
before dispatch and to provide the flightcrew with operating procedures 
in the event of failure of an FCM in flight. The AD also requires 
certain operators to submit inspection findings to the FAA. That action 
was prompted by reports of failed FCMs, which resulted in sluggish 
response of the aileron, elevator, and rudder surfaces. The actions 
required by that AD are intended to prevent operation with one failed 
FCM, which could result in reduced controllability of the airplane, or 
with two failed FCMs, which could result in loss of control of the 
airplane.

Clarification of Affected Airplanes

    Because of reports of some operators misinterpreting the 
applicability of AD 2002-19-51, we find that clarification is 
necessary. Operators should note that this AD affects all Boeing Model 
737 series airplanes. Operators of Model 737-600, -700, -700C, -800, 
and -900 series airplanes, having line numbers 1136 through 1230 
inclusive, are subject to all requirements of this AD. However, 
operators of all Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes; and Model 737-600, -700, -700C, -800, and -900 series 
airplanes, having line numbers other than 1136 through 1230 inclusive; 
are only required to adhere to paragraphs (j) and (k) of this AD (i.e., 
parts installation paragraphs) to ensure that spare replacement FCMs 
and compensators identified in those paragraphs are not installed on 
any Model 737 series airplane in the future. No change to this AD is 
necessary in this regard.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 2002-19-51, the FAA has approved an 
alternative method of compliance (AMOC) for the replacement required by 
paragraphs (d)(1), (d)(2), and (h) of that AD. The AMOC allows FCMs 
having P/Ns other than 65-44891-7 that are approved for installation on 
Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes to 
be installed during the replacements required by those paragraphs. In 
addition, we have determined that a suspect FCM can continue to be used 
once the compensator has been replaced with an airworthy compensator. 
Therefore, we have revised those paragraphs and paragraph (j) of this 
AD accordingly.
    We also have determined that replacement of all suspect FCMs with 
airworthy FCMs terminates the requirements of paragraphs (e) through 
(g) of this AD. Therefore, we have revised paragraphs (c) and (d)(1) of 
this AD accordingly.
    We also have revised paragraph (h) of this AD to state explicitly 
that suspect FCMs that fail during operation of the airplane must be 
replaced before further flight.
    AD 2002-19-51 contains a typographical error in paragraph (k). That 
paragraph refers to ``compensator having P/N 10-605603-3,'' which does 
not exist. The correct P/N of that compensator is ``P/N 10-60560-3.'' 
In addition, the airplane manufacturer has provided us with the 
specific S/Ns (i.e., 20478A or greater) of the suspect compensator, P/N 
10-60560-3. Therefore, we have revised paragraph (k) of this AD 
accordingly to prohibit installation of only these S/Ns. We also 
clarified that unairworthy compensators cannot be installed on any FCM.

Explanation of Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, the FAA issued emergency AD 
2002-19-51 R1 to prevent operation with one failed FCM, which could 
result in reduced controllability of the airplane, or with two failed 
FCMs, which could result in loss of control of the airplane. This AD 
revises AD 2002-19-51 to continue to require, for certain airplanes, an 
inspection to determine the S/N of the FCMs having P/N 65-44891-7 and 
corrective actions if necessary. This AD also continues to require 
certain operators to submit inspection findings to Boeing. This AD 
revises the existing AD to provide operators with additional options 
for compliance, to specify the serial numbers of the affected 
compensator, and to make other editorial changes.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on September 18, 2002, to all known U.S. owners and operators of 
all Boeing Model 737 series airplanes. These conditions still exist, 
and the AD is hereby published in the Federal Register as an amendment 
to Sec. 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to 
make it effective to all persons.

[[Page 62349]]

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.
    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 2002-NM-248-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, 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:

2002-19-51 R1 Boeing: Amendment 39-12904. Docket 2002-NM-248-AD. 
Revises AD 2002-19-51.

    Applicability: All Model 737-100, -200, -200C, -300, -400, -500, 
-600, -700, -700C, -800, and -900 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 (l) 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 operation with one failed flight control module 
(FCM), which could result in reduced controllability of the 
airplane, or with two failed FCMs, which could result in loss of 
control of the airplane, accomplish the following:

Inspection

    (a) For Model 737-600, -700, -700C, -800, and -900 series 
airplanes, having line numbers 1136 through 1230 inclusive: Before 
further flight after the effective date of this AD, do an inspection 
to determine the serial number (S/N) of both FCMs having part number 
(P/N) 65-44891-7.

Neither FCM Has S/N 8726 or Greater

    (b) If neither FCM has S/N 8726 or greater (hereafter referred 
to as a ``suspect FCM''), no further action is required by this AD, 
except for the requirements specified in paragraphs (j) and (k) of 
this AD.

FCM(s) Has S/N 8726 or Greater

    (c) If one FCM is a suspect FCM, the airplane may continue to be 
operated, but within 24 hours after accomplishing the inspection 
required by paragraph (a) of this AD, do the actions specified in 
paragraphs (e) through (g) of this AD. Replacement of the suspect 
FCM with an FCM identified in paragraph (c)(1), (c)(2), or (c)(3) of 
this AD terminates the requirements of paragraphs (e) through (g) of 
this AD.
    (1) A serviceable FCM having P/N 65-44891-7 with a S/N less than 
8726.
    (2) A serviceable FCM having a P/N other than 65-44891-7 that is 
approved for installation on Boeing Model 737-600, -700, -700C, -
800, and -900 series airplanes.
    (3) A suspect FCM on which the compensator has been replaced 
with a serviceable compensator, approved for installation on FCM, P/
N 65-44891-7, other than a compensator having P/N 10-60560-3 with S/
N 20478A or greater.
    (d) If both FCMs are suspect FCMs, do the actions specified in 
either paragraph (d)(1) or (d)(2) of this AD.
    (1) Before further flight, replace one of the FCMs with an FCM 
identified in paragraph (c)(1), (c)(2), or (c)(3) of this AD. 
Thereafter, the airplane may continue to be operated, but within 24 
hours after accomplishing the inspection required by paragraph (a) 
of this AD, do the actions specified in paragraphs (e) through (g) 
of this AD. Replacement of both suspect FCMs with FCMs identified in 
paragraph (c)(1), (c)(2), or (c)(3) of this AD terminates the 
requirements of paragraphs (e) through (g) of this AD.
    (2) Before further flight, replace both FCMs with FCMs 
identified in paragraph (c)(1), (c)(2), or (c)(3) of this AD. 
Thereafter, no further action is required by this AD, except for the 
requirements specified in paragraphs (j) and (k) of this AD.
    (e) If required by paragraph (c), (d)(1), or (m) of this AD: 
Revise the Normal Procedures Section of the FAA-approved Airplane 
Flight Manual (AFM) to include the following (this may be 
accomplished by inserting this AD into the AFM):

``Pre-Flight Flight Control Module (FCM) Checks

    These checks can be performed any time after the Electric 
Hydraulic Pump A and B Switches are positioned ON and prior to 
Engine Start. Ensure ground personnel are clear of all control 
surfaces. If Minimum Equipment List (MEL) dispatch with one or both 
autopilot channels inoperative is planned, it is acceptable not to 
perform the check on the inoperative channel(s).

Flight Control Switch Check

1. Ensure FLT CONTROL A & B switches are ON

[[Page 62350]]

2. FLT CONTROL A Switch * * * OFF
    --Verify Flight Controls LOW PRESSURE Light illuminates within 2 
seconds.
3. FLT CONTROL A Switch * * * ON
    --Verify Flight Control LOW PRESSURE Light extinguishes.
4. FLT CONTROL B Switch * * * OFF
    --Verify Flight Controls LOW PRESSURE Light illuminates within 2 
seconds.
5. FLT CONTROL B Switch * * * ON
    --Verify Flight Controls LOW PRESSURE Light extinguishes.

    Note: Failure of the Flight Control LOW PRESSURE Light to 
illuminate within 2 seconds may indicate a failure of the related 
flight control module.

Autopilot Check

1. Ensure IRUs are in the NAV mode
2. A/P ENGAGE Switch * * * CMD A
    --Wait 10 seconds, and verify light remains ON
3. Disengage A autopilot
4. A/P ENGAGE Switch * * * CMD B
    --Wait 10 seconds, and verify light remains ON
5. Disengage B autopilot
6. To fail this test, one autopilot will fail to engage and the 
other will fail to stay engaged.

    Note: Failure of the autopilots to engage as described in Step 
6. may indicate a failure of a flight control module.

    Warning: If either Pre-Flight FCM Checks fails, do not takeoff 
until the failed module has been replaced.''
    (f) If required by paragraph (c), (d)(1), or (m) of this AD: 
Revise the Limitations Section of the FAA-approved AFM to include 
the following statement (this may be accomplished by inserting this 
AD into the AFM): ``If a flight control module (FCM), having P/N 65-
44891-7 with S/N 8726 or greater is installed, the `Pre-Flight 
Flight Control Module (FCM) Checks' specified in the Normal 
Procedures of this AFM must be accomplished before each flight. If 
either Pre-Flight FCM Checks fails, do not takeoff until the failed 
module has been replaced.''
    (g) If required by paragraph (c), (d)(1), or (m) of this AD: 
Revise the Non-Normal Procedures Section of the FAA-approved AFM to 
include the following (this may be accomplished by inserting this AD 
into the AFM):

Flight Control Module (FCM) Failure

    Note: If the module fails in flight, neither A nor B autopilot 
will engage. Other indications include possible increase in flight 
control forces (similar to manual reversion) and possible yaw damper 
disengagement.

    Failure of a second module in flight could result in serious 
degradation of airplane controllability, including high control 
forces.
    If a failure is suspected in flight:
    [sbull] Plan to land at the nearest suitable airport
    [sbull] Crosswind capability may be reduced
    [sbull] Do not turn off any flight control switches
    [sbull] Plan a flaps 15 landing
    [sbull] Use VREF 15 + 5 or VREF ICE + 5''

    Note 2: The Limitations, Non-Normal Procedures, and Normal 
Procedures specified by paragraphs (e) through (g) of this AD are 
required to be implemented only for airplanes on which suspect FCMs 
have been installed. However, individual pilots may operate other 
airplanes on which those suspect FCMs have not been installed, and 
that are not subject to those limitations and procedures. Therefore, 
to avoid any confusion or misunderstanding, it is important that 
airlines have communication mechanisms in place to ensure that 
pilots are aware, for each flight, whether the Limitations, Non-
Normal Procedures, and Normal Procedures apply.

Failures Detected During ``Flight Control Check''

    (h) If any failure is detected during any ``Pre-Flight Flight 
Control Module (FCM) Checks'' specified in paragraph (e) of this AD, 
or during operation of the airplane, before further flight, replace 
the affected FCM with an FCM identified in paragraph (c)(1), (c)(2), 
or (c)(3) of this AD.

Reporting Requirement

    (i) Submit a report of inspection findings to the Boeing Renton 
Airline Support Manager, Craig Blankenstein, 2925 South 112th 
Street, Seattle, Washington 98168; fax (206) 544-9698; at the 
applicable time specified in paragraph (i)(1) or (i)(2) of this AD. 
(The report must include the airplane line number and FCM P/N and S/
N.) Information collection requirements contained in this AD 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 required by paragraph 
(a) of this AD is accomplished after the effective date of this AD: 
Submit the report within 10 days after performing the inspection 
required by paragraph (a) of this AD.
    (2) For airplanes on which the inspection required by paragraph 
(a) of this AD has been accomplished before receipt of AD 2002-19-
51: Submit the report within 10 days after the effective date of 
this AD.

Part Installation

    (j) For all airplanes: After the effective date of this AD, no 
person shall install an FCM having P/N 65-44891-7 with a S/N 8726 or 
greater, on any airplane, unless the compensator has been replaced 
with a compensator, approved for installation on FCM, P/N 65-44891-
7, other than a compensator having P/N 10-60560-3 with S/N 20478A or 
greater.
    (k) After the effective date of this AD, no person shall install 
a compensator having P/N 10-60560-3 with S/N 20478A or greater, on 
any FCM.

Alternative Methods of Compliance

    (l) 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

    (m) Special flight permits may be issued in accordance with 
Sec. Sec.  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, provided that the 
airplane is operated per the requirements of paragraphs (e) through 
(g) of this AD, and that there are no known FCM failures upon 
dispatch.

Effective Date

    (n) This amendment becomes effective on October 15, 2002, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 2002-19-51 R1, issued on September 18, 
2002, which contained the requirements of this amendment.

    Issued in Renton, Washington, on October 1, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-25458 Filed 10-4-02; 8:45 am]
BILLING CODE 4910-13-P