[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46324-46327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21412]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0212; Directorate Identifier 2008-NM-122-AD; 
Amendment 39-16019; AD 2009-19-02]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Boeing Model 737-600, -700, -700C, -800, -900 and -900ER series 
airplanes. This AD requires repetitive testing of the rudder pedal 
forces or repetitive detailed inspections of the inner spring of the 
rudder feel and centering unit, and corrective actions if necessary. 
This AD also requires replacement of the spring assembly in the rudder 
feel and centering unit, which terminates the

[[Page 46325]]

repetitive tests or inspections. This AD results from reports of low 
rudder pedal forces that were caused by a broken inner spring in the 
rudder feel and centering unit; a broken inner spring in conjunction 
with a broken outer spring would significantly reduce rudder pedal 
forces. We are issuing this AD to prevent reduced rudder pedal forces, 
which could result in increased potential for pilot-induced 
oscillations and reduce the ability of the flightcrew to maintain the 
safe flight and landing of the airplane.

DATES: This AD is effective October 14, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 14, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax 206-766-5680; e-mail [email protected]; 
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6490; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
all Boeing Model 737-600, -700, -700C, -800, -900 and -900ER series 
airplanes. That NPRM was published in the Federal Register on March 10, 
2009 (74 FR 10197). That NPRM proposed to require repetitive testing of 
the rudder pedal forces or repetitive detailed inspections of the inner 
spring of the rudder feel and centering unit, and corrective actions if 
necessary. That NPRM also proposed to require replacement of the spring 
assembly in the rudder feel and centering unit, which terminates the 
repetitive tests or inspections.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Reduce Applicability and Delete Parts Installation Paragraph

    Boeing asks that we reduce the applicability in paragraph (c) of 
the NPRM to specify only those airplanes listed in Boeing Alert Service 
Bulletin 737-27A1287, dated April 16, 2008. Boeing states that the 
``open applicability,'' as proposed, would apply to delivery of new 
airplanes. Boeing adds that this will cause an increased cost and 
paperwork burden by requiring that the AD be listed in the airplane AD 
status letter and distributed to each customer with the production 
change incorporated that addresses the unsafe condition. Boeing notes 
that there was no production change incorporated for Model 737-900ER 
airplanes; all Model 737-900ER airplanes were delivered with the 
correct inner spring of the rudder feel and centering unit. Therefore, 
Model 737-900ER airplanes should be removed from the applicability 
section.
    Boeing also asks that we delete the requirements in paragraph (i) 
of this AD under ``Parts Installation.'' Boeing states that all 
affected airplanes with a discrepant inner spring installed are 
identified in Boeing Alert Service Bulletin 737-27A1287, dated April 
16, 2008. Boeing adds that the work instructions contained in the 
referenced service bulletin describe procedures to modify the rudder 
feel and centering unit with appropriate part marking. The referenced 
service bulletin does not give work instructions to remove and replace 
the rudder feel and centering units; therefore, no unmodified units 
will be available for parts installation.
    We acknowledge that the airplane effectivity identified in Boeing 
Alert Service Bulletin 737-27A1287, dated April 16, 2008, does not 
include all Model 737-600, -700, -700C, -800, -900 and 737-900ER 
airplanes. However, as we explained in the NPRM, this AD does include 
all Model 737-600, -700, -700C, -800, -900 and -900ER series airplanes. 
We do not agree to reduce the applicability in this AD, or delete the 
requirements in paragraph (i) of this AD. We determined that rudder 
feel and centering units with discrepant springs can be physically 
installed on any airplane identified in paragraph (c) of this AD. 
Including all 737 airplane models identified in paragraph (c) of this 
AD, in addition to the requirements of paragraph (i) of this AD, 
prohibits future installation of discrepant springs on any affected 
airplanes. We have not changed the AD in this regard.

Request To Allow Alternative Procedures

    Continental Airlines (CAL) asks that we allow each of the following 
as alternative procedures for replacing a spring assembly (inner and 
outer spring) in the rudder feel and centering unit having part number 
(P/N) 69-57900-6, as follows:
     Replace only a suspect part having P/N 69-57907-3 per 
Chapter 27-21-85 of the component maintenance manual (CMM).
     Replace the entire rudder feel and centering unit having 
P/N 65C25410-7 per Chapter 27-21-82 of the airplane maintenance manual 
(AMM), either with one having a part number and serial number 
combination that is not listed in the Effectivity of Boeing Alert 
Service Bulletin 737-27A1287, dated April 16, 2008, or with one that 
has been modified by replacing the inner spring per Chapter 27-21-85 of 
the CMM.
    CAL states that five of its airplanes were modified by replacing 
the rudder feel and centering units, and in each case the inner spring 
had not failed and did not subject the outer spring to abnormal 
stresses, so the outer spring was not replaced. CAL adds that replacing 
the inner spring per the CMM corrects the unsafe condition and provides 
an acceptable level of safety.
    We disagree with the commenter's request. According to Boeing, 
replacement of either the feel and centering unit or the inner spring 
involves a more complex process than replacing the spring assembly, as 
required by this AD. In addition, there are currently no special 
instructions for part-marking a modified spring assembly after removing 
a suspect inner spring. While the commenter's proposed alternative 
procedures may be acceptable, more information is required. The 
commenter may submit a request for approval of an alternative method of 
compliance (AMOC) in accordance with the provisions of paragraph (k) of 
this AD. The request should address part marking and configuration 
control of the suspect inner springs, the modified spring assembly, and 
the feel and centering

[[Page 46326]]

unit assembly. For these reasons, and because we have confirmed that 
adequate spring assembly spares should be available, we have not 
changed the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 70 airplanes of U.S. registry. The 
following table provides the estimated costs for U.S. operators to 
comply with this AD.

                                             Table--Estimated Costs
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                                               Average                                     Number of
                                      Work      labor                                        U.S.-       Fleet
              Action                 hours     rate per    Parts      Cost per product     registered     cost
                                                 hour                                      airplanes
----------------------------------------------------------------------------------------------------------------
Test or Inspection...............          1        $80         $0  $80, per test or               70     $5,600
                                                                     inspection cycle.
Replacement......................          3         80      3,138  3,378...............           70    236,460
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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

    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 this AD:
    (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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 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 FAA amends Sec.  39.13 by adding the following new AD:

2009-19-02 Boeing: Amendment 39-16019. Docket No. FAA-2009-0212; 
Directorate Identifier 2008-NM-122-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective October 14, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 737-600, -700, -700C, -
800, -900 and -900ER series airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Unsafe Condition

    (e) This AD results from reports of low rudder pedal forces that 
were caused by a broken inner spring in the rudder feel and 
centering unit; a broken inner spring in conjunction with a broken 
outer spring would significantly reduce rudder pedal forces. We are 
issuing this AD to prevent reduced rudder pedal forces, which could 
result in increased potential for pilot-induced oscillations and 
reduce the ability of the flightcrew to maintain the safe flight and 
landing of the airplane.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.

Test/Inspection

    (g) For Model 737-600, -700, -700C, -800, and -900 series 
airplanes identified in Boeing Alert Service Bulletin 737-27A1287, 
dated April 16, 2008: Within 30 days after the effective date of 
this AD, perform a test of the rudder pedal forces or a detailed 
inspection of the inner spring of the rudder feel and centering 
unit, by doing all the applicable actions, including all applicable 
corrective actions before further flight, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
27A1287, dated April 16, 2008. Repeat the test or inspection 
thereafter at intervals not to exceed 120 days.

Terminating Action

    (h) For Model 737-600, -700, -700C, -800, and -900 series 
airplanes identified in Boeing Alert Service Bulletin 737-27A1287, 
dated April 16, 2008: Within 36 months after the effective date of 
this AD, replace the spring assembly in the rudder feel and 
centering unit in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-27A1287, dated April 16, 2008. 
Accomplishing the replacement ends the repetitive tests or 
inspections required by paragraph (g) of this AD.

Parts Installation

    (i) For all airplanes: As of the effective date of this AD, no 
person may install, on any airplane, a rudder feel and centering 
unit having part number (P/N) 65C25410-7, serial numbers 3609 
through 3820 inclusive, unless it has been modified according to 
paragraph (h) of this AD.

No Reporting Required

    (j) Boeing Alert Service Bulletin 737-27A1287, dated April 16, 
2008, specifies sending a data reporting sheet to Boeing; however, 
this AD does not require that action.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Kelly McGuckin, Aerospace Engineer,

[[Page 46327]]

Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 917-6490; fax (425) 917-6590; has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, in the FAA 
Flight Standards District Office (FSDO), or lacking a principal 
inspector, your local FSDO. The AMOC approval letter must 
specifically reference this AD.

Material Incorporated by Reference

    (l) You must use Boeing Alert Service Bulletin 737-27A1287, 
dated April 16, 2008, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1, fax 206-766-5680; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at 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 August 31, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-21412 Filed 9-8-09; 8:45 am]
BILLING CODE 4910-13-P