[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Rules and Regulations]
[Pages 34811-34814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5430]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25030; Directorate Identifier 2006-NM-109-AD; 
Amendment 39-14649; AD 2006-12-23]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) that applies to certain Boeing Model 737-100, -200, -200C, -300, -
400, and -500 series airplanes. The existing AD currently requires 
initial and repetitive inspections of the elevator tab assembly to find 
any damage or discrepancy; and corrective actions if necessary. This 
new AD adds certain new inspections and removes certain existing 
inspections. This AD results from additional reports of airframe 
vibrations of the elevator tab during flight on airplanes inspected per 
the existing AD; subsequently, considerable damage was done to the 
elevator tab, elevator, and horizontal stabilizer. In several 
incidents, a portion of the elevator tab separated from the airplane. 
We are issuing this AD 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.

DATES: This AD becomes effective July 3, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 3, 2006.
    On February 19, 2002 (67 FR 1603, January 14, 2002), the Director 
of the Federal Register approved the incorporation by reference of 
Boeing Service Bulletin 737-55A1070, Revision 1, including appendices 
A, B, and C, dated May 10, 2001.
    We must receive any comments on this AD by August 15, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.
    You may examine the contents of the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-
401, Washington, DC. This docket number is FAA-2006-25030; the 
directorate identifier for this docket is 2006-NM-109-AD.

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:

Discussion

    On December 28, 2001, we issued AD 2002-01-01, amendment 39-12592 
(67 FR 1603, January 14, 2002). That AD applies to certain Boeing Model 
737-100, -200, -200C, -300, -400, and -500 series airplanes. That AD 
requires initial and repetitive inspections of the elevator tab 
assembly to find any damage or discrepancy; and corrective actions if 
necessary. That AD resulted from several reports indicating high-
frequency airframe vibrations of the elevator tab during flight. The 
actions specified in that 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.

Actions Since AD was Issued

    Since we issued AD 2002-01-01, we have received additional reports 
of airframe vibrations of the elevator tab during flight on airplanes 
inspected per

[[Page 34812]]

that AD. Subsequently, considerable damage was done to the elevator 
tab, elevator, and horizontal stabilizer. In several incidents, a 
portion of the elevator tab separated from the airplane. The vibrations 
of the elevator tab are due to wear of the hinges and the control 
system, which causes the assembly to loosen. Improper maintenance can 
also be a factor. Excessive in-flight vibrations of the elevator tab 
could lead to loss of the elevator tab and consequent loss of 
controllability of the airplane.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 737-55A1070, 
Revision 2, dated April 20, 2006. (Revision 1 of the service bulletin 
was cited in the existing AD as the appropriate source of service 
information for accomplishing the required actions.) Revision 2 is 
similar to Revision 1; however, among other things, Revision 2 removes 
procedures for elevator tab free-play checks with the clamped hinge 
fitting bolt and the nut loose. Revision 2 also adds procedures for 
detailed inspections of the tab mechanism, and various inspections of 
the tab mast fitting.
    In addition, the corrective actions specified in Revision 2 are 
more comprehensive than those given in Revision 1. Specifically, the 
corrective actions include, among other things: repairing, replacing, 
reworking and checking tolerances of the reworked configuration to 
confirm the adequacy of certain corrective actions, and torquing 
certain components, as applicable. The corrective actions also specify 
the replacement of any damaged or discrepant part with a new part, or 
repair, as applicable. Discrepancies include loose or missing parts or 
excessive wear. The service bulletin recommends contacting the 
manufacturer for repair instructions. The service bulletin also 
recommends reporting the inspection results to the manufacturer.
    The compliance times for the initial inspections are as follows:
     Before the accumulation of 4,500 total flight cycles for 
airplanes on which the inspections specified in Boeing Service Bulletin 
737-55A1070, Revision 1, dated May 10, 2001, have not been done;
     Within 1,500 flight cycles or 2,000 flight hours, 
whichever is first, after the last inspection completed in accordance 
with Boeing Service Bulletin 737-55A1070, Revision 1, for airplanes on 
which the inspections specified in the service bulletin have been done; 
and
     Within 1,500 flight cycles or 2,000 flight hours, 
whichever is first, after the last inspection completed in accordance 
with Boeing Service Bulletin 737-55A1070, Revision 1, for the one-time 
inspections for certain airplanes with configurations of graphite 
elevators with aluminum/fiberglass tabs.
    For all airplanes, the compliance times for the repetitive 
inspections range between 1,500 flight cycles or 2,000 flight hours 
(whichever is first), and 4,500 flight cycles or 6,000 flight hours 
(whichever is first), depending on the inspection type. The compliance 
time for accomplishing certain corrective actions is before further 
flight.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. For this reason, we 
are issuing this AD to supersede AD 2002-01-01. This new AD retains the 
requirements of the existing AD. This AD also requires accomplishing 
the actions specified in Revision 2 of the service information 
described previously, except as discussed under ``Differences Between 
AD and Service Bulletin.''

Differences Between AD and Service Bulletin

    Service Bulletin 737-55A1070, Revision 2, specifies to contact the 
manufacturer for instructions on how to repair certain conditions, but 
this AD requires repairing those conditions in one of the following 
ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by an Authorized Representative 
for the Boeing Commercial Airplanes Delegation Option Authorization 
Organization whom we have authorized to make those findings.
    The service bulletin specifies that if the total tab hinge free-
play sum is more than a certain measurement, the corrective action may 
be done either within 30 days after the inspection, or before the next 
revenue flight, depending on the measurement. However, this AD requires 
that all corrective actions be done before further flight.
    Where the service bulletin specifies reporting the inspection 
results to the manufacturer, this AD does not require such reporting.
    Although the service bulletin uses the term ``check'' for certain 
inspections, this AD uses the term ``inspection.''

Clarification of Grace Period

    Footnote (a) in Table 1 of paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 737-55A1070, Revision 2, specifies the 
following: ``For airplanes on which the initial actions required by 
Table 1 are due within 30 days after the release date of Service 
Bulletin 737-55A1070, Revision 2, the inspections and corrective 
actions defined by Service Bulletin 737-55A1070 Rev. 1 may be used.'' 
Paragraph (l) of this AD provides a corresponding 30-day deferral 
before Revision 2 must be used to do the initial actions, except that 
the 30-day time frame begins at the effective date of this AD.

Changes to Existing AD

    This AD retains certain requirements of AD 2002-01-01. Since AD 
2002-01-01 was issued, the AD format has been revised, and certain 
paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this AD, as listed in the 
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
     Requirement in  AD 2002-01-01                   this AD
------------------------------------------------------------------------
Paragraph (a)..........................  paragraph (f).
Paragraph (b)..........................  paragraph (g).
Paragraph (c)..........................  paragraph (h).
------------------------------------------------------------------------

    We have revised paragraph (d) of the existing AD to clarify the 
appropriate procedure for notifying the principal inspector before 
using any approved Alternative Methods of Compliance (AMOC) on any 
airplane to which the AMOC applies.
    We have changed all references to a ``detailed visual inspection'' 
in the existing AD to ``detailed inspection'' in this AD.
    In addition, we have revised paragraphs (a)(1) and (a)(2) of the 
existing AD (paragraphs (f)(1) and (f)(2) of this AD) to include a 
reference to the effective date of the existing AD. This information 
was omitted inadvertently from the existing AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and

[[Page 34813]]

was not preceded by notice and an opportunity for public comment; 
however, we invite you to submit any relevant written data, views, or 
arguments regarding this AD. Send your comments to an address listed in 
the ADDRESSES section. Include ``Docket No. FAA-2006-25030; Directorate 
Identifier 2006-NM-109-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of the AD that might suggest a need 
to modify it.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that Web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-12592 (67 FR 1603, January 14, 2002) and adding 
the following new airworthiness directive (AD):

2006-12-23 Boeing: Amendment 39-14649. Docket No. FAA-2006-25030; 
Directorate Identifier 2006-NM-109-AD;

Effective Date

    (a) This AD becomes effective July 3, 2006.

Affected ADs

    (b) This AD supersedes AD 2002-01-01.

Applicability

    (c) This AD applies to certain Boeing Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, line numbers 1 through 
3132 inclusive, certificated in any category.

Unsafe Condition

    (d) This AD results from additional reports of airframe 
vibrations of the elevator tab during flight on airplanes inspected 
per the existing AD; subsequently, considerable damage was done to 
the elevator tab, elevator, and horizontal stabilizer. In several 
incidents, a portion of the elevator tab separated from the 
airplane. We are issuing this AD 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.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of the Requirements of AD 2002-01-01

Initial/Repetitive Inspections

    (f) Do the applicable initial detailed/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 (f)(1) or (f)(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, until paragraph (i) of this AD has been 
accomplished.

    Note 1: 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 (f) 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 as 
of February 19, 2002 (the effective date of AD 2002-01-01): Before 
the accumulation of 4,500 total flight cycles or within 120 days 
after February 19, 2002, whichever comes later.
    (2) For airplanes having 4,500 or more total flight cycles as of 
February 19, 2002: Do the inspections at the times specified in 
paragraph (f)(2)(i) or (f)(2)(ii) of this AD, as applicable.
    (i) Within 120 days after February 19, 2002.
    (ii) If the initial inspections were done before February 19, 
2002, per Boeing All Operator Telex M-7200-00-00034, dated February 
15, 2000: Within 1,500 flight cycles or 2,000 flight hours after 
February 19, 2002, whichever comes later.

    Note 2: Initial inspections done before February 19, 2002, per 
Boeing Alert Service Bulletin 737-55A1070, dated January 13,

[[Page 34814]]

2000, are considered acceptable for compliance with the initial 
inspections required by paragraph (f) of this AD.

    (g) Within 4,500 flight cycles or 6,000 flight hours, whichever 
comes first, after doing the initial inspections required by 
paragraph (f) 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, until paragraph 
(i) of this AD has been accomplished.

Corrective Actions

    (h) If any damage or discrepancy is found after doing any 
inspection required by paragraph (f) or (g) 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.

New Requirements of This AD

Initial/Repetitive Inspections/Corrective Actions

    (i) Do the applicable inspections of the elevator tab assembly 
on the left and right sides of the airplane to find any damage or 
discrepancy by doing all the actions, including rework and all 
corrective actions, as specified in the Accomplishment Instructions 
of Boeing Alert Service Bulletin 737-55A1070, Revision 2, dated 
April 20, 2006, except as provided by paragraphs (j) and (k) of this 
AD. Do the applicable actions at the applicable time specified in 
Table 1, Table 2, or Table 3 of paragraph 1.E., ``Compliance,'' of 
the service bulletin; except that where the service bulletin 
specifies a time frame ``after the release date'' of the service 
bulletin, this AD requires compliance within the specified 
compliance time after the effective date of this AD. All corrective 
actions must be done before further flight. Repeat the inspections 
specified in Table 3 of paragraph 1.E., ``Compliance,'' of the 
service bulletin at the applicable time specified in the table. 
Accomplishing the actions required by paragraph (i) of this AD ends 
the requirements of paragraphs (f), (g), and (h) of this AD.
    (j) If any damage or discrepancy is found during any inspection 
required by paragraph (i) of this AD, and the service bulletin 
specifies to contact Boeing for appropriate action: Before further 
flight, repair using a method approved in accordance with the 
procedures specified in paragraph of (m) of this AD.
    (k) Where Boeing Alert Service Bulletin 737-55A1070, Revision 1, 
dated May 10, 2001, or Revision 2, dated April 20, 2006, specifies 
reporting the inspection results to the manufacturer, this AD does 
not require such reporting.

Actions Done in Accordance With Revision 1 of Service Bulletin

    (l) Footnote (a) in Table 1 of paragraph 1.E., ``Compliance,'' 
of Boeing Alert Service Bulletin 737-55A1070, Revision 2, specifies 
the following: ``For airplanes on which the initial actions required 
by Table 1 are due within 30 days after the release date of Service 
Bulletin 737-55A1070, Revision 2, the inspections and corrective 
actions defined by Service Bulletin 737-55A1070 Rev. 1 may be 
used.'' This paragraph of this AD provides a corresponding 30-day 
deferral before Revision 2 must be used to do the initial actions, 
except that the 30-day time frame begins at the effective date of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) AMOCs approved previously in accordance with AD 2002-01-01, 
are approved as AMOCs for the corresponding provisions of paragraphs 
(f), (g), and (h) of this AD.
    (3) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (4) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Seattle ACO, to make those findings. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane.

Material Incorporated by Reference

    (n) You must use Boeing Service Bulletin 737-55A1070, Revision 
1, including appendices A, B, and C, dated May 10, 2001; or Boeing 
Alert Service Bulletin 737-55A1070, Revision 2, dated April 20, 
2006; as applicable; to perform the actions that are required by 
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Boeing Alert Service Bulletin 737-
55A1070, Revision 2, dated April 20, 2006, in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) On February 19, 2002 (67 FR 1603, January 14, 2002), the 
Director of the Federal Register approved the incorporation by 
reference of Boeing Service Bulletin 737-55A1070, Revision 1, 
including appendices A, B, and C, dated May 10, 2001.
    (3) Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for a copy of this service information. You 
may review copies at the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 7, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5430 Filed 6-15-06; 8:45 am]
BILLING CODE 4910-13-P