[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Rules and Regulations]
[Pages 9741-9743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02930]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / 
Rules and Regulations  

[[Page 9741]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0224; Project Identifier AD-2024-00055-T; 
Amendment 39-22673; AD 2024-03-04]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company (Boeing) Model 737-8, 737-8200, and 737-9 
airplanes. This AD was prompted by a report of a missing washer and nut 
and consequent migrated bolt discovered by an operator during scheduled 
maintenance. This AD requires a one-time inspection of the aft rudder 
quadrant and applicable on-condition actions. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective February 12, 2024.
    The FAA must receive comments on this AD by March 28, 2024

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 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.
    AD Docket: You may examine the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2024-0224; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, any 
comments received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Anthony Caldejon, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3534; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include Docket No. FAA-2024-0224 and Project Identifier AD-
2024-00055-T at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Anthony 
Caldejon, Aviation Safety Engineer, FAA, 2200 South 216th St., Des 
Moines, WA 98198; phone: 206-231-3534; email: 
[email protected]. Any commentary that the FAA receives that 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Background

    The FAA has received a report of a missing nut and washer and of a 
migrated bolt in the aft rudder quadrant, which were discovered by an 
operator during a scheduled routine inspection in mid-December 2023. 
Boeing subsequently inspected all Model 737-8, -8200, and -9 airplanes 
in production and found one additional under-torqued nut at the same 
location. It was discovered that the required run-on and final torques 
had not been applied to the nut in production.
    A disconnect between the aft rudder quadrant and the output rod 
(due to the bolt falling out) would result in loss of rudder control 
via the rudder pedals. Rudder surface position would then be based only 
on the rudder trim and yaw damper systems. The pilots would be able to 
slowly move the rudder surface by adjusting the rudder trim position 
but would be limited by the maximum rudder trim authority. In the event 
of a disconnect, and with the limited rudder trim authority, there 
would not be enough rudder control to counter an engine-out scenario 
during takeoff/climb out or to counter a high crosswind (above 20 kts) 
during landing. This condition, if not addressed, could result in the 
loss of continued safe flight and landing. The FAA is issuing this AD 
to address the unsafe condition on these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

Related Service Information

    The FAA reviewed Boeing Multi Operator Message MOM-MOM-23-0993-01B, 
dated December 27, 2023. The service information specifies

[[Page 9742]]

performing a one-time detailed visual inspection or remote video 
inspection of the aft rudder quadrant for any missing bolt, nut, or 
washer; any gap between the bolt/nut/washer and quadrant; and 
insufficient thread protrusion. The service information also specifies 
the following corrective actions if necessary: inspection of the bolt 
and nut for damage and replacement as needed; torque application; and a 
rudder travel test.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information described previously.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than 30 days, upon 
a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because a disconnect between the aft rudder quadrant and the output rod 
would result in loss of rudder control via the rudder pedals and 
insufficient rudder control to counter an engine-out scenario during 
takeoff/climb out or to counter a high crosswind during landing, which 
could result in the loss of continued safe flight and landing. The 
corrective actions required by this AD must be accomplished within 30 
days. This compliance time is shorter than the time necessary for the 
public to comment and for publication of the final rule. Accordingly, 
notice and opportunity for prior public comment are impracticable and 
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 482 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                          Labor cost            Parts cost      product        operators
----------------------------------------------------------------------------------------------------------------
Inspection...........................  0.50 work-hour x $85 per               $0          $42.50         $20,485
                                        hour = $42.50.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any on-condition 
actions that would be required based on the results of the inspection. 
The FAA has no way of determining the number of airplanes that might 
need these on-condition actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Actions                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Inspection/replacement of bolt/nut, torque      2 work-hours x $85 per hour =                 $3            $173
 application, rudder travel test.                $170.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

[[Page 9743]]

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:

2024-03-04 The Boeing Company: Amendment 39-22673; Docket No. FAA-
2024-0224; Project Identifier AD-2024-00055-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 12, 
2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-8, 737-8200, and 
737-9 airplanes, certificated in any category, with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before December 20, 2023.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of a missing washer and nut and 
consequent migrated bolt discovered by an operator during scheduled 
maintenance. The FAA is issuing this AD to address improper torque 
of the aft rudder quadrant output rod fasteners, which may cause a 
disconnect between the aft rudder quadrant and the output rod, which 
would result in loss of rudder control via the rudder pedals to 
counter an engine-out scenario during takeoff/climb out or to 
counter a high crosswind during landing. The unsafe condition, if 
not addressed, could result in loss of continued safe flight and 
landing.

(f) Compliance

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

(g) Inspection

    Within 30 days after the effective date of this AD, perform a 
one-time detailed visual inspection or remote video inspection of 
the aft rudder quadrant for missing bolts, nuts, and washers; a gap 
between the bolt/nut/washer and quadrant; and insufficient thread 
protrusion.

    Note 1 to paragraph (g):  Guidance for accomplishing the actions 
required by paragraph (g) of this AD can be found in Boeing Multi 
Operator Message MOM-MOM-23-0993-01B, dated December 27, 2023.

(h) On-Condition Actions

    If any discrepancy is found during the inspection required by 
paragraph (g) of this AD, do the actions specified in paragraphs 
(h)(1) through (3) of this AD before further flight.
    (1) Do a detailed inspection of the bolt, washer, and nut for 
damage and, before further flight, replace any missing or damaged 
bolts, washers, and nuts.
    (2) Install each bolt, washer, and nut with a torque of 65 in-
lb.
    (3) Perform a rudder travel test to ensure that the rudder is 
operating correctly. If the test fails, before further flight, do 
applicable corrective actions and repeat until the test is passed.

    Note 2 to paragraph (h) of this AD: Guidance for accomplishing 
the actions required by paragraph (h) of this AD can be found in 
Boeing Multi Operator Message MOM-MOM-23-0993-01B, dated December 
27, 2023.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Boeing Multi Operator 
Message MOM-MOM-23-0993-01B, dated December 27, 2023.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety Branch, 
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 
responsible Flight Standards Office, as appropriate. If sending 
information directly to the manager of the certification office, 
send it to the attention of the person identified in paragraph 
(k)(1) of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by The Boeing Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, AIR-
520, Continued Operational Safety Branch, FAA, to make those 
findings. To be approved, the repair method, modification deviation, 
or alteration deviation must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Anthony 
Caldejon, Aviation Safety Engineer, FAA, 2200 South 216th St., Des 
Moines, WA 98198; phone: 206-231-3534; email: 
[email protected].
    (2) For service information identified in this AD that is not 
incorporated by reference, contact Boeing Commercial Airplanes, 
Attention: Contractual & Data Services (C&DS), 2600 Westminster 
Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-
1717; website myboeingfleet.com.

(l) Material Incorporated by Reference

    None.

    Issued on February 2, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2024-02930 Filed 2-8-24; 2:00 pm]
BILLING CODE 4910-13-P