[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22182-22185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08193]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0933; Directorate Identifier 2012-NM-107-AD;
Amendment 39-17411; AD 2013-07-07]
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 adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes. This AD was prompted by reports of an incorrect
procedure used to apply the wear and corrosion protective surface
coating to attach pins of the horizontal stabilizer rear spar. This AD
requires inspecting to determine the part number of the attach pins of
the horizontal stabilizer rear spar, and replacing certain attach pins
with new, improved attach pins. 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 May 20, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 20, 2013.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data
[[Page 22183]]
& 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Document 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 include an AD that would apply to the specified products.
That NPRM published in the Federal Register on September 12, 2012 (77
FR 56170). That NPRM proposed to require inspecting to determine the
part number of the attach pins of the horizontal stabilizer rear spar,
and replacing certain attach pins with new, improved attach pins.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 56170, September 12, 2012) and the FAA's response to each
comment.
Concurrence With NPRM (77 FR 56170, September 12, 2012)
Boeing concurs with the content of the proposed rule (77 FR 56170,
September 12, 2012).
Request for Alternative Method of Compliance (AMOC) to Inspections
Required by AD 2004-05-19, Amendment 39-13514 (69 FR 10921, March 9,
2004; Corrected April 13, 2004 (69 FR 19313))
Europe Airpost requested that a statement be included in the NPRM
(77 FR 56170, September 12, 2012) that approves installation of the
horizontal stabilizer rear spar attachment pins part number (P/N)
180A1612-7 and 180A1612-8 as an AMOC to the inspections required by AD
2004-05-19, Amendment 39-13514 (69 FR 10921, March 9, 2004; corrected
April 13, 2004 (69 FR 19313)) provided that the special inspections
specified in the Boeing maintenance planning data (MPD) document are
performed.
We agree with the request. We have added paragraph (j) to this
final rule to state that accomplishing 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 rear spar attach pins only.
Request for Exclusions
Delta Air Lines (Delta) requested that we provide exclusions in
paragraph (g) of the NPRM (77 FR 56170, September 12, 2012) for certain
airplanes that may not be affected by the discrepant stabilizer pins.
Delta stated that airplanes that were not delivered between August 1,
2006, and July 31, 2008, have not had the terminating action
accomplished according to AD 2004-05-19, Amendment 39-13514 (69 FR
10921, March 9, 2004; corrected April 13, 2004 (69 FR 19313)), and did
not have maintenance done in accordance with the MPD, would not need to
be inspected. Delta also requested that we provide exclusions to
paragraph (i) of the NPRM because spare pins having P/N 180A1612-3 and
180A1612-4 delivered by Boeing Spares before June 30, 2006, and after
June 17, 2008, are not suspected of having unapproved surface coatings.
We disagree with the request to change paragraphs (g) and (i) in
this final rule. Although Boeing has specified certain airplane
delivery dates associated with the discrepant pins, as well as delivery
dates for pins suspected to be discrepant and distributed as spare
parts, other factors make identification of the affected airplanes
difficult. Stabilizers are rotable components, and therefore stabilizer
attach pins may be different from those delivered with the airplane. To
assist operators in inspecting for the suspect pins, paragraph (g) of
this final rule (as proposed in the NPRM (77 FR 56170, September 12,
2012)) allows for a records search to be used to confirm the part
number of the rear spar attachment pin, if such a record search is
conclusive. No change has been made to this final rule in this regard.
Request To Include AD 2004-05-19, Amendment 39-13514 (69 FR 10921,
March 9, 2004; corrected April 13, 2004 (69 FR 19313))
Europe Airpost requested that we revise the NPRM (77 FR 56170,
September 12, 2012) to include AD 2004-05-19, Amendment 39-13514 (69 FR
10921, March 9, 2004; corrected April 13, 2004 (69 FR 19313)), as a
related AD in paragraph (b) of the NPRM. The commenter stated that the
new AD will affect AD 2004-05-19 because attach pins having P/Ns
180A1612-3 and 180A1612-4 could also have been installed as a
terminating action for AD 2004-05-19.
We agree with the commenter and have revised paragraph (b) of this
final rule accordingly.
Request To Allow Re-Installation of Serviceable Attach Pins
Japan Airlines (JAL) requested that we revise the NPRM (77 FR
56170, September 12, 2012) to allow for re-installation of attach pins
having P/N 180A1612-3 and 180A1612-4 that are found to be serviceable.
JAL agrees that replacement of the attach pins would have to be done
before 56,000 total flight cycles, but notes that routine maintenance
inspections of the pins require pin removal prior to the 56,000 flight
cycle threshold. JAL concluded that when these inspections are
accomplished prior to that threshold, paragraphs (h) and (i) of the
NPRM would prohibit re-installation of the pins, even if they are found
to be serviceable.
We partially agree with the request. We agree that re-installation
of the pins having P/Ns 180A1612-3 and 180A1612-4 that have been
inspected in accordance with Special Structural Inspections of Section
9, ``Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs),'' of Boeing 737-600/700/700C/800/900/900ER
Maintenance Planning Data (MPD) Document D626A001-CMR, Revision 09, may
be acceptable for compliance; however, the commenter did not state
which revision of the MPD would be used. As numerous revisions of the
MPD exist and many new revisions are released each year, this approval
is most effectively
[[Page 22184]]
accomplished using the procedures in paragraph (k) of this AD. No
change has been made to the AD in this regard.
We have revised paragraph (h) of this AD to state that airplanes
having line numbers 1 through 3534 inclusive having an attach pin P/N
180A1612-3 or 180A1612-4 must be replaced with a new attach pin P/N
180A1612-7 or 180A1612-8, respectively, prior to the accumulation of
56,000 total flight cycles on the pin, or within 3,000 flight cycles
after the effective date of this AD, whichever occurs later.
STC Winglet Comment
Aviation Partners Boeing stated that the installation of winglets
per 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 have added paragraph (c)(2) to this AD to state that
installation of 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 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 (k) of this AD.
Other Changes to the NPRM (77 FR 56170, September 12, 2012)
We have clarified paragraph (i)(1) of this AD to state that on
certain airplanes installation of an attach pin having P/N 180A1612-3
or 180A1612-4 is not acceptable for compliance unless the actions
required by paragraphs (g) and (h) of this AD are accomplished on that
airplane.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 56170, September 12, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 56170, September 12, 2012).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 1,050 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost per
Action Labor cost Parts cost product Cost on U.S. operators
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Inspection and attach pin 39 work-hours x Up to $6,312.......... $9,627 Up to $10,108,350.
replacement. $85 per hour =
$3,315.
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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 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,
(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 adding the following new airworthiness
directive (AD):
2013-07-07 The Boeing Company: Amendment 39-17411; Docket No. FAA-
2012-0933; Directorate Identifier 2012-NM-107-AD.
(a) Effective Date
This AD is effective May 20, 2013.
(b) Affected ADs
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.
[[Page 22185]]
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 (k) 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 protective 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) Part Number (P/N) Inspection
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 the effective date of this AD, 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) Replacement
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 the effective date
of this AD, 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) Parts Installation Limitation and Prohibition
(1) For airplanes having line numbers 1 through 3534 inclusive:
As of the effective date of this AD, no person may install an attach
pin of the horizontal stabilizer rear spar having P/N 180A1612-3 or
180A1612-4 on any airplane; unless the actions required by paragraph
(g) and (h) of this AD have been done on that airplane.
(2) For airplanes having line numbers 3535 and subsequent: As of
the effective date of this AD, 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) Terminating Action for AD 2004-05-19, Amendment 39-13514 (69 FR
10921, March 9, 2004; corrected April 13, 2004 (69 FR 19313))
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) 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 the Related Information
section 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 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.
(l) 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].
(m) 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.
(i) Boeing Special Attention Service Bulletin 737-55-1093, dated
April 9, 2012.
(ii) Reserved.
(3) 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.
(4) 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.
(5) 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 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08193 Filed 4-12-13; 8:45 am]
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