[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
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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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.
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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
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspection........................... 0.50 work-hour x $85 per $0 $42.50 $20,485
hour = $42.50.
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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
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Cost per
Actions Labor cost Parts cost product
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Inspection/replacement of bolt/nut, torque 2 work-hours x $85 per hour = $3 $173
application, rudder travel test. $170.
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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.
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