[Federal Register Volume 69, Number 46 (Tuesday, March 9, 2004)]
[Rules and Regulations]
[Pages 10921-10923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4898]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-03-AD; Amendment 39-13514; AD 2004-05-19]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, and -900 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Boeing Model 737-600, -700, -700C, -800, and -900 
series airplanes. This action requires an inspection of the rear spar 
attach pins and front spar attach bolts that attach the horizontal 
stabilizers to the horizontal stabilizer center section for damage; and 
follow-on or corrective actions, as applicable. This action is 
necessary to detect and correct damaged rear spar attach pins or front 
spar attach bolts, which may lead to failure of the bolts or pins, and 
consequent loss of the stabilizer and loss of controllability of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective March 24, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of March 24, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before May 10, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-03-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. 2004-NM-03-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 or 2000 or 
ASCII text.
    The service information referenced in this AD may be obtained from 
Boeing Commercial Airplanes, 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; 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) 
917-6440; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: The FAA has received numerous reports 
indicating that, during incorporation of Boeing Service Bulletin 737-
55-1074, damaged rear spar attach pins and front spar attach bolts that 
attach the horizontal stabilizers to the horizontal stabilizer center 
section were found on Boeing Model 737-600, -700, -700C, -800, and -900 
series airplanes. The damaged bolts and pins have premature wear, 
corrosion, pitting, and galling. Such damaged rear spar attach pins or 
front spar attach bolts, if not corrected, may lead to failure of the 
bolts or pins, which could result in loss of the

[[Page 10922]]

stabilizer and consequent loss of controllability of the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 737-55-
1086, dated December 11, 2003. The service bulletin describes 
procedures for an initial detailed inspection of the rear spar attach 
pins and front spar attach bolts that attach the horizontal stabilizers 
to the horizontal stabilizer center section for damage (e.g., pitting, 
corrosion, no plating (pins only), galling (bolts only), or wear); and 
follow-on or corrective actions, as applicable. The follow-on actions 
include repetitive detailed inspections. The corrective actions include 
repair of any damaged part; replacement of any damaged pin and/or bolt 
with a new one; and a detailed inspection of a stripped pin for 
pitting, corrosion, or galling.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD requires accomplishment of the actions 
specified in the service bulletin described previously.

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 a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

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.
    Submit comments using the following format:
     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 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 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 2004-NM-03-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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-05-19 Boeing: Amendment 39-13514. Docket 2004-NM-03-AD.

    Applicability: All Model 737-600, -700, -700C, -800, and -900 
series airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct damaged rear spar attach pins or front 
spar attach bolts, which may lead to failure of the bolts or pins, 
and consequent loss of the stabilizer and loss of controllability of 
the airplane, accomplish the following:

Initial Inspection

    (a) Do a detailed inspection of the rear spar attach pins and 
front spar attach bolts that attach the horizontal stabilizers to 
the horizontal stabilizer center section for damage (e.g., pitting, 
corrosion, no plating (pins only), galling (bolts only), or wear), 
per the Accomplishment Instructions of Boeing Service Bulletin 737-
55-1086, dated December 11, 2003. The inspection must be done at the 
later of the times specified in the threshold and applicable grace 
period columns in Table 1 of this AD.

                    Table 1.--Initial Compliance Time
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                 Threshold                          Grace period
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Prior to the accumulation of 15,000 total   For airplanes on which
 flight cycles or 60 months since the date   Boeing Service Bulletin 737-
 of issuance of the original Airworthiness   55-1074, dated August 15,
 Certificate or the date of issuance of      2002, has not been done as
 the Export Certificate of Airworthiness,    of the effective date of
 whichever occurs first.                     this AD: Within 90 days
                                             after the effective date of
                                             this AD.

[[Page 10923]]

 
                                            For airplanes on which
                                             Boeing Service Bulletin 737-
                                             55-1074, dated August 15,
                                             2002, has been done as of
                                             the effective date of this
                                             AD: Within 24 months or
                                             6,000 flight cycles since
                                             accomplishment of the
                                             service bulletin.
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    Note 1: 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.''

Not Damaged and Not A Replaced or Repaired Pin or Bolt: Repetitive 
Inspections

    (b) If no damaged rear spar attach pin or front spar attach bolt 
is found during any detailed inspection required by paragraph (a) of 
this AD, and if that pin or bolt has not been replaced per paragraph 
(c) of this AD or repaired per Boeing Service Bulletin 737-55-1086, 
dated December 11, 2003, repeat the detailed inspection required by 
paragraph (a) of this AD thereafter at intervals not to exceed 9,000 
flight cycles or 36 months, whichever occurs first, for that pin or 
bolt only.

Damaged Pin or Bolt: Corrective Actions

    (c) If any damaged rear spar attach pin or front spar attach 
bolt is found during any inspection required by this AD, before 
further flight, accomplish applicable corrective actions (e.g., 
repair; replacement of pin and/or bolt with a new one; and detailed 
inspection of a stripped pin for pitting, corrosion, or galling) per 
the Accomplishment Instructions of Boeing Service Bulletin 737-55-
1086, dated December 11, 2003.

Replaced or Repaired Pin or Bolt: Repetitive Inspections

    (d) If any rear spar attach pin or front spar attach bolt has 
been replaced with a new part per paragraph (c) of this AD, repeat 
the detailed inspection required by paragraph (a) of this AD 
thereafter at intervals not to exceed 15,000 flight cycles or 60 
months, whichever occurs first, for the replaced pin or bolt only.
    (e) If any rear spar attach pin or front spar attach bolt has 
been repaired per paragraph (c) of this AD, repeat the detailed 
inspection required by paragraph (a) of this AD thereafter at 
intervals not to exceed 9,000 flight cycles or 36 months, whichever 
occurs first, for the replaced pin or bolt only.

Alternative Methods of Compliance

    (f)(1) In accordance with 14 CFR 39.19, the Manager, Seattle 
ACO, FAA, is authorized to approve alternative methods of compliance 
(AMOCs) for this AD.
    (2) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by a 
Boeing Company Designated Engineering Representative who has been 
authorized by the Manager, Seattle ACO, to make such findings.

Incorporation by Reference

    (g) The actions shall be done in accordance with Boeing Service 
Bulletin 737-55-1086, dated December 11, 2003. 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 Airplanes, 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 March 24, 2004.

    Issued in Renton, Washington, on February 25, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4898 Filed 3-8-04; 8:45 am]
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