[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
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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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)].
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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
[[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]
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