[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Rules and Regulations]
[Pages 15651-15654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05415]


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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; 
Amendment 39-17802; AD 2014-05-30]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2013-07-07 for 
all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -
900ER series airplanes. AD 2013-07-07 required inspecting to determine 
the part number of the attach pins of the horizontal stabilizer rear 
spar, and replacing certain attach pins. This new AD clarifies the 
parts installation limitation and prohibition, and adds a new 
requirement for certain airplanes on which certain attach pins were 
installed. This AD was prompted by inquiries from affected operators 
regarding the parts installation limitation and prohibition, and re-
installation of certain attach pins that were removed for inspection. 
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.

DATES: This AD is effective April 25, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 20, 2013 
(78 FR 22182, April 15, 2013).

ADDRESSES: For service information identified in this AD, contact 
Boeing

[[Page 15652]]

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 view this 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 by searching for and locating Docket No. FAA-2013-
0796; 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 (phone: 800-647-
5527) is Docket 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: 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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2013-07-07, Amendment 39-17411 (78 FR 22182, 
April 15, 2013). AD 2013-07-07 applied to all The Boeing Company Model 
737-600, -700, -700C, -800, -900, and -900ER series airplanes. The NPRM 
published in the Federal Register on September 25, 2013 (78 FR 58982). 
The NPRM was prompted by inquiries from affected operators regarding 
the parts installation limitation and prohibition, and re-installation 
of certain attach pins that were removed for inspection. The NPRM 
proposed to continue to require inspecting to determine the part number 
of the attach pins of the horizontal stabilizer rear spar, and 
replacing certain attach pins. The NPRM also proposed to clarify the 
parts installation limitation and prohibition, and add a new 
requirement for certain airplanes on which certain attach pins were 
installed. 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the proposal 
(78 FR 58982, September 25, 2013) and the FAA's response to each 
comment.

Clarification of Effect of Winglet Installation

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does 
not affect the accomplishment of the manufacturer's service 
instructions.
    We concur. Paragraph (c)(2) in AD 2013-07-07, Amendment 39-17411 
(78 FR 22182, April 15, 2013), has been restated in this final rule and 
specifies that 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 final 
rule. 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 section 
39.17 of the Federal Aviation Regulations (14 CFR 39.17).

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 58982, September 25, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 58982, September 25, 2013).

Costs of Compliance

    We estimate that this AD affects 1,050 airplanes of U.S. registry. 
The new 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 [actions retained     $85 per hour =
 from AD 2013-07-07, Amendment     $3,315.
 39-17411 (78 FR 22182, April
 15, 2013)].
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this 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

[[Page 15653]]

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 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),
    (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.

Adoption of the Amendment

    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 removing Airworthiness Directive (AD) 
2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013), and 
adding the following new AD:

2014-05-30 The Boeing Company: Amendment 39-17802; Docket No. FAA-
2013-0796; Directorate Identifier 2013-NM-111-AD.

(a) Effective Date

    This AD is effective April 25, 2014.

(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.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by inquiries from affected operators 
regarding the parts installation limitation and prohibition, and re-
installation of certain attach pins that were removed for 
inspection. 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 (P/N) 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.

(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 attach 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 (ACO), 
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) of this AD. 
Information may be emailed to [email protected].

[[Page 15654]]

    (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 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.
    (4) AMOCs approved previously for 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

    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].

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
May 20, 2013 (78 FR 22182, April 15, 2013).
    (i) Boeing Special Attention Service Bulletin 737-55-1093, dated 
April 9, 2012.
    (ii) Reserved.
    (4) For Boeing 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.
    (5) You may view this service information at 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.
    (6) You may view this 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/cfr/ibr-locations.html.


    Issued in Renton, Washington, on March 3, 2014.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-05415 Filed 3-20-14; 8:45 am]
BILLING CODE 4910-13-P