[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Proposed Rules]
[Pages 58982-58985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23274]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0796; Directorate Identifier 2013-NM-111-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2013-07-
07, which applies to all The Boeing Company Model 737-600, -700, -700C, 
-800, -900, and -900ER series airplanes. AD 2013-07-07 requires 
inspecting to determine the part number of the attach pins of the 
horizontal stabilizer rear spar, and replacing certain attach pins. 
Since we issued AD 2013-07-07, we received inquiries from affected 
operators regarding the parts installation limitation and prohibition, 
and re-installation of certain attach pins that were removed for 
inspection. This proposed AD would clarify the parts installation 
limitation and prohibition, and would add a new requirement for certain 
airplanes on which certain attach pins were installed. We are proposing 
this AD to prevent premature failure of the attach pins, which could 
cause reduced structural integrity of the horizontal stabilizer to 
fuselage attachment, resulting in loss of control of the airplane.

DATES: We must receive comments on this proposed AD by November 12, 
2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above 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, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. 
You may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221.

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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be

[[Page 58983]]

available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6440; fax: 
425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0796; 
Directorate Identifier 2013-NM-111-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

Discussion

    On March 28, 2013, we issued AD 2013-07-07, Amendment 39-17411 (78 
FR 22182, April 15, 2013) (``AD 2013-07-07''), for all Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes. AD 2013-07-07 
requires inspecting to determine the part number of the attach pins of 
the horizontal stabilizer rear spar, and replacing certain attach pins. 
For airplanes having line numbers 1 through 3534, AD 2013-07-07 also 
prohibited installing attach pins having part number (P/N) 180A1612-3 
or 180A1612-4 that have 56,000 or greater flight cycles, unless certain 
actions had been done. AD 2013-07-07 resulted from reports of an 
incorrect procedure used to apply the wear and corrosion protection 
surface coating to attach pins of the horizontal stabilizer rear spar. 
We issued AD 2013-07-07 to prevent premature failure of the attach 
pins, which could cause reduced structural integrity of the horizontal 
stabilizer to fuselage attachment, resulting in loss of control of the 
airplane.

Actions Since AD 2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 
2013) Was Issued

    Since we issued AD 2013-07-07, Amendment 39-17411 (78 FR 22182, 
April 15, 2013), we have received inquiries from affected operators 
regarding the parts installation limitation and prohibition (i.e., 
paragraph (i)(1)) of AD 2013-07-07, and re-installation of certain 
attach pins of the horizontal stabilizer rear spar removed for 
inspection during maintenance.
    We have re-reviewed our response to commenter Japan Airlines (JAL) 
in AD 2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013), and 
have determined it is necessary to provide further clarification. JAL 
requested approval of re-installation of any non-discrepant attach pins 
having P/N 180A1612-3 or 180A1612-4 removed for inspection during 
maintenance.
    We clarify that the term ``install,'' as used in AD 2013-07-07, 
Amendment 39-17411 (78 FR 22182, April 15, 2013), can be interpreted as 
meaning ``replace'' while remaining within the intent of AD 2013-07-07. 
That is, by simply re-installing non-discrepant attach pins having P/N 
180A1612-3 or 180A1612-4 on the same airplane from which they were 
removed, the operator is not ``installing'' a new or different attach 
pin. Therefore, no alternative method of compliance is necessary to re-
install non-discrepant attach pins having P/N 180A1612-3 or 180A1612-4 
on the same airplane from which they were removed during maintenance 
not associated with AD 2013-07-07.
    To clarify paragraph (i)(1) of AD AD 2013-07-07, Amendment 39-17411 
(78 FR 22182, April 15, 2013), for airplanes having line numbers 1 
through 3534, we have removed that paragraph and have added new 
paragraph (k) to this proposed AD. New paragraph (k) of this proposed 
AD would provide for installation of a attach pin of the horizontal 
stabilizer rear spar having P/N 180A1612-3 or 180A1612-4, provided it 
is replaced with an attach pin having P/N 180A1612-7 or 180A1612-8 
prior to the accumulation of 56,000 total flight cycles on the pin.
    In addition, for those same airplanes, paragraph (i)(1) of AD 2013-
07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013), inadvertently 
allowed installation of an attach pin having P/N 180A1612-3 or 
180A1612-4, even though the attach pin had been replaced with an attach 
pin having P/N 180A1612-7 or 180A1612-8, as required by paragraph (h) 
of AD 2013-07-07. In light of this, we have added new paragraph (l) to 
this proposed AD for those airplanes on which attach pins having P/N 
180A1612-3 or 180A1612-4 were installed. New paragraph (l) of this 
proposed AD would require replacement of those attach pins with attach 
pins having P/N 180A1612-7 or 180A1612-8 prior to the accumulation of 
56,000 total flight cycles on the attach pin, or within 1,000 flight 
cycles on the airplane after the effective date of this AD, whichever 
occurs later.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 2013-07-
07, Amendment 39-17411 (78 FR 22182, April 15, 2013). This proposed AD 
would clarify the parts installation limitation and prohibition, and 
would add a new requirement for certain airplanes on which certain 
attach pins were installed.

Costs of Compliance

    We estimate that this proposed AD affects 1,050 airplanes of U.S. 
registry. The new proposed requirements add no significant economic 
burden over that specified in AD 2013-07-07, Amendment 39-17411 (78 FR 
22182, April 15, 2013). Those costs are repeated for the convenience of 
affected operators, as follows:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection and attach pin         39 work-hours x     Up to $6,312......  Up to $9,627......  Up to $10,108,350.
 replacement [retained actions     $85 per hour =
 from AD 2013-07-07, Amendment     $3,315.
 39-17411 (78 FR 22182, April
 15, 2013)].
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[[Page 58984]]

    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 removing airworthiness directive (AD) 
2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2013-0796; Directorate Identifier 
2013-NM-111-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by November 12, 
2013.

(b) Affected ADs

    (1) This AD supersedes AD 2013-07-07, Amendment 39-17411 (78 FR 
22182, April 15, 2013).
    (2) This AD affects certain requirements of AD 2004-05-19, 
Amendment 39-13514 (69 FR 10921, March 9, 2004; corrected April 13, 
2004 (69 FR 19313).

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes, certificated in 
any category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST00830SE is 
installed, a ``change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17. For all other AMOC requests, the 
operator must request approval for an AMOC in accordance with the 
procedures specified in paragraph (m) of this AD.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of an incorrect procedure used 
to apply the wear and corrosion protection surface coating to attach 
pins of the horizontal stabilizer rear spar. We are issuing this AD 
to prevent premature failure of the attach pins, which could cause 
reduced structural integrity of the horizontal stabilizer to 
fuselage attachment, resulting in loss of control of the airplane.

(f) Compliance

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

(g) Retained Part Number Inspection

    This paragraph restates the requirements of paragraph (g) of AD 
2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013). For 
airplanes having line numbers 1 through 3534 inclusive: Before the 
accumulation of 56,000 total flight cycles, or within 3,000 flight 
cycles after May 20, 2013 (the effective date of AD 2013-07-07), 
whichever occurs later, inspect to determine the part number of the 
attach pins of the horizontal stabilizer rear spar. A review of 
airplane maintenance records is acceptable in lieu of this 
inspection if the part number of the attach pin can be conclusively 
determined from that review.

(h) Retained Replacement

    This paragraph restates the requirements of paragraph (h) of AD 
2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013). If, 
during the inspection required by paragraph (g) of this AD, any 
horizontal stabilizer rear spar attach pin has P/N 180A1612-3 or 
180A1612-4, prior to the accumulation of 56,000 total flight cycles 
on the pin, or within 3,000 flight cycles after May 20, 2013 (the 
effective date of AD 2013-07-07), whichever occurs later, replace 
with a new attach pin having P/N 180A1612-7 or 180A1612-8, 
respectively, in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 737-55-1093, dated April 
9, 2012.

(i) Retained Parts Installation Prohibition

    This paragraph restates the requirements of paragraph (i)(2) of 
AD 2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013). For 
airplanes having line numbers 3535 and subsequent: As of May 20, 
2013 (the effective date of AD 2013-07-07), no person may install an 
attach pin of the horizontal stabilizer rear spar having P/N 
180A1612-3 or 180A1612-4 on any airplane.

(j) Retained Terminating Action for AD 2004-05-19, Amendment 39 13514 
(69 FR 10921, March 9, 2004; Corrected April 13, 2004 (69 FR 19313))

    This paragraph restates the provisions of paragraph (j) of AD 
2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013). 
Accomplishment of the actions required by paragraphs (g) and (h) of 
this AD terminates the requirements of paragraphs (a), (b), (c), 
(d), and (e) of AD 2004-05-19, Amendment 39-13514 (69 FR 10921, 
March 9, 2004; corrected April 13, 2004 (69 FR 19313)), for the rear 
spar attach pins only.

(k) New Parts Installation Limitation

    For airplanes having line numbers 1 through 3534 inclusive: As 
of the effective date of this AD, an attach pin of the horizontal 
stabilizer rear spar having P/N 180A1612-3 or 180A1612-4 may be 
installed on an airplane, provided it is replaced with an attach pin 
having P/N 180A1612-7 or 180A1612-8, as applicable, prior to the 
accumulation of 56,000 total flight cycles on the attach pin. The 
replacement must be done in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 737-55-
1093, dated April 9, 2012.

[[Page 58985]]

(l) New Attach Pin Replacement

    For airplanes having line numbers 1 through 3534 inclusive on 
which an attach pin of the horizontal stabilizer rear spar having P/
N 180A1612-7 or 180A1612-8 has been replaced with an attach pin 
having P/N 180A1612-3 or 180A1612-4 before the effective date of 
this AD: Prior to the accumulation of 56,000 total flight cycles on 
the pin, or within 1,000 flight cycles on the airplane after the 
effective date of this AD, whichever occurs later, replace the 
attach pin having P/N 180A1612-3 or 180A1612-4 with an attach pin 
having P/N 180A1612-7 or 180A1612-8, as applicable, in accordance 
with the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 737-55-1093, dated April 9, 2012.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the ACO, send it to the attention of the 
person identified in paragraph (n)(1) of this AD. Information may be 
emailed to 9-ANM-Seattle-ACO-AMOC-Requests-faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (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 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.
    (4) AMOCs approved previously in accordance with AD 2013-07-07, 
Amendment 39-17411 (78 FR 22182, April 15, 2013), are approved as 
AMOCs for the corresponding provisions of this AD.

(n) Related Information

    (1) For more information about this AD, contact Nancy Marsh, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: 425-917-6440; fax: 425-917-6590; email: [email protected].
    (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; Internet https://www.myboeingfleet.com. You may review copies of the referenced 
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.

    Issued in Renton, Washington, on September 17, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-23274 Filed 9-24-13; 8:45 am]
BILLING CODE 4910-13-P