[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Rules and Regulations]
[Pages 16648-16651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6786]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0230; Directorate Identifier 2010-NM-071-AD; 
Amendment 39-16250; AD 2010-06-51]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (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) 2010-06-51 that was sent 
previously to all known U.S. owners and operators of The Boeing Company 
Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes by 
individual notices. This AD requires doing a detailed inspection of the 
inboard and outboard aft attach lugs of the left and right elevator 
control tab mechanisms for gaps between the swage ring and the aft 
attach lug, and between the spacer and the aft attach lug; trying to 
move or rotate the spacer using hand pressure; and replacing any 
discrepant elevator tab control mechanism, including performing the 
detailed inspection on the replacement part before and after 
installation. This AD is prompted by a report of failure of the aft 
attach lugs on the left elevator tab control mechanism, which resulted 
in severe elevator vibration. We are issuing this AD to detect and 
correct a loose bearing in the aft lug of the elevator tab control

[[Page 16649]]

mechanism, which could result in unwanted elevator and tab vibration. 
The consequent structural failure of the elevator or horizontal 
stabilizer could result in loss of aircraft control and structural 
integrity.

DATES: This AD becomes effective April 7, 2010 to all persons except 
those persons to whom it was made immediately effective by emergency AD 
2010-06-51, issued March 12, 2010, which contained the requirements of 
this amendment.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 7, 
2010.
    We must receive comments on this AD by May 17, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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 street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION: On March 12, 2010, we issued emergency AD 
2010-06-51, which applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes.

Background

    The FAA received a report of failure of the aft attach lugs on the 
left elevator tab control mechanism, which resulted in severe elevator 
vibration. The flightcrew diverted from the intended route and made an 
uneventful landing. Subsequent investigation revealed extensive damage 
to the elevator tab control system. Severe vibration in this attach 
point is suspected of allowing rapid wear of the joint, and resulted in 
failure of the attach lugs. This condition, if not corrected, could 
result in a loss of aircraft control and structural integrity.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 737-27A1296, dated 
March 12, 2010. The service bulletin describes procedures for a 
detailed inspection to detect discrepancies of the inboard and outboard 
aft attach lugs of the elevator tab control mechanism. Discrepancies 
include movement or rotation of the spacer, and gaps between the swage 
ring and the aft attach lug or between the spacer and the aft attach 
lug. The service bulletin describes procedures for replacing any 
discrepant elevator tab control mechanism, including performing the 
detailed inspection on the replacement part before and after 
installation. For certain airplanes, the compliance time for the 
inspection is 12 or 30 days, depending on airplane line number, total 
accumulated flight cycles, and approval for operation under extended 
twin operations (ETOPS).

FAA's Determination and Requirements of This AD

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, we issued emergency AD 
2010-06-51 to detect and correct a loose bearing in the aft lug of the 
elevator tab control mechanism, which could result in unwanted elevator 
and tab vibration. The consequent structural failure of the elevator or 
horizontal stabilizer could result in loss of aircraft control and 
structural integrity. The AD requires accomplishing the actions 
specified in the service information previously described, except as 
described in ``Differences Between this AD and the Service Bulletin.'' 
This AD also requires reporting the inspection results to Boeing.
    We found that immediate corrective action was required; therefore, 
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 March 12, 2010, to all known U.S. owners and operators of The 
Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes. These conditions still exist, and the AD is hereby 
published in the Federal Register as an amendment to section 39.13 of 
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to 
all persons.

Differences Between This AD and the Service Bulletin

    The effectivity of Boeing Alert Service Bulletin 737-27A1296, dated 
March 12, 2010, includes all Model 737-600, -700, -700C, -800, -900, 
and -900ER series airplanes. The inspection requirements of this AD, 
however, affect only those airplanes subject to a short compliance time 
(within 12 or 30 days). Because the suspect components may be installed 
as replacements on all airplanes subject to this AD, paragraph (l) of 
this AD requires that the part be inspected before and after 
installation. We may consider superseding this AD to apply the 
inspection requirements to the remaining airplanes, which would be 
subject to a longer compliance time that would allow enough time to 
provide notice and opportunity for prior public comment on the merits 
of the inspection for these airplanes.

Interim Action

    This AD is considered to be interim action. The inspection reports 
that are required by this AD will enable the manufacturer to obtain 
better insight into the nature, cause, and extent of the issue, and 
eventually to develop final action to address the unsafe condition. 
Once final action has been identified, we might consider further 
rulemaking.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2010-0230; Directorate Identifier 2010-NM-071-AD'' at 
the beginning of your comments. We specifically invite

[[Page 16650]]

comments on the overall regulatory, economic, environmental, and energy 
aspects of this AD. We will consider all comments received by the 
closing date and may amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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.
    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 this 
emergency regulation is later deemed significant under DOT Regulatory 
Policies and Procedures, we will prepare a final regulatory evaluation 
and place it in the AD Docket. See the ADDRESSES section for a location 
to examine the regulatory evaluation, if filed.

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 airworthiness 
directive (AD):

2010-06-51 The Boeing Company: Amendment 39-16250. Docket No. FAA-
2010-0230; Directorate Identifier 2010-NM-071-AD.

Effective Date

    (a) This AD becomes effective April 7, 2010, to all persons 
except those persons to whom it was made immediately effective by 
emergency AD 2010-06-51, issued on March 12, 2010, which contained 
the requirements of this amendment.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all The Boeing Company 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 a report of failure of the aft attach 
lugs on the left elevator tab control mechanism, which resulted in 
severe elevator vibration. The Federal Aviation Administration is 
issuing this AD to detect and correct a loose bearing in the aft lug 
of the elevator tab control mechanism, which could result in 
unwanted elevator and tab vibration. The consequent structural 
failure of the elevator or horizontal stabilizer could result in 
loss of aircraft control and structural integrity.

Compliance

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

Inspection and Corrective Action

    (g) For Groups 1, 2, and 3; and Group 4, Configuration 2; as 
identified in Boeing Alert Service Bulletin 737-27A1296, dated March 
12, 2010: At the applicable time specified in paragraph 1.E. 
Compliance of Boeing Alert Service Bulletin 737-27A1296, dated March 
12, 2010, except as required by paragraph (i) of this AD, do a 
detailed inspection of the inboard and outboard aft attach lugs of 
the left and right elevator control tab mechanisms for gaps between 
the swage ring and the aft attach lug, and between the spacer and 
the aft attach lug; and try to move or rotate the spacer using hand 
pressure, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010.
    (h) If, during accomplishment of the actions required by 
paragraph (g) of this AD, any gap is found between the swage ring 
and the aft attach lug, or between the spacer and the aft attach 
lug; or if the spacer moves or rotates: Before further flight, do 
the actions required by paragraphs (h)(1) and (h)(2) of this AD, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-27A1296, dated March 12, 2010.
    (1) Inspect the replacement elevator tab control mechanism for 
discrepancies, as specified in paragraph (g) of this AD; and, if no 
discrepancy is found, install the replacement elevator tab control 
mechanism.
    (2) Re-inspect the installed elevator tab control mechanism, as 
required by paragraph (g) of this AD.

Exception to Service Bulletin Specifications

    (i) Where Boeing Alert Service Bulletin 737-27A1296, dated March 
12, 2010, specifies a compliance time after the date of the original 
issue of the service bulletin, this AD requires compliance within 
the specified compliance time after the effective date of this AD.

Inspection Done According to Multi Operator Message (MOM)

    (j) An inspection done before the effective date of this AD 
according to Boeing Multi Operator Message Number MOM-MOM-10-0159-
01B, dated March 10, 2010, is considered acceptable for compliance 
with the corresponding inspection specified in paragraph (g) of this 
AD.

Reporting

    (k) At the applicable time specified in paragraph (k)(1) or 
(k)(2) of this AD: Submit a report of the findings (both positive 
and negative) of the inspections required by paragraph (g) of this 
AD to Boeing Commercial Airplanes Group, Attention: Manager, Airline 
Support, e-mail: [email protected]. The report must include the 
inspection results including a description of any discrepancies 
found, the airplane line number, and the number of flight cycles and 
flight hours accumulated on the airplane. Under the provisions of 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of 
Management and Budget (OMB) has approved the information collection 
requirements contained in this AD and has assigned OMB Control 
Number 2120-0056.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report

[[Page 16651]]

within 10 days after the effective date of this AD.

Parts Installation

    (l) For all airplanes: As of the effective date of this AD, no 
person may install an elevator tab control mechanism, part number 
251A2430-( ), on any airplane, unless the mechanism has been 
inspected before and after installation, in accordance with the 
requirements of paragraph (g) of this AD, and no discrepancies have 
been found.

Special Flight Permit

    (m) Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

Alternative Methods of Compliance (AMOCs)

    (n)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. Send information to 
ATTN: Kelly McGuckin, Aerospace Engineer, Systems and Equipment 
Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone 425-917-6490; fax 425-917-6590. 
Information may be e-mailed to [email protected].
    (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, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically refer to this AD.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that 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, and the approval must 
specifically refer to this AD.

Material Incorporated by Reference

    (o) You must use Boeing Alert Service Bulletin 737-27A1296, 
dated March 12, 2010, 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.
    (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 March 18, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-6786 Filed 4-1-10; 8:45 am]
BILLING CODE 4910-13-P