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[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Proposed Rules]
[Pages 45513-45515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18614]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / 
Proposed Rules

[[Page 45513]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0801; Directorate Identifier 2012-NM-106-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain The Boeing Company Model 737-200 and -200C series airplanes. 
This proposed AD was prompted by a report of elevator vibration and 
bearing swage failures. This proposed AD would require, for certain 
airplanes, repetitive inspections for any discrepancies (such as a gap 
or a loose spacer) of the aft attach lugs for the elevator tab control 
mechanism, and replacement if necessary, and for other airplanes, 
contacting the FAA for inspection or repair instructions and doing the 
work specified in those instructions. We are proposing this AD to 
detect and correct discrepancies in the aft attach lugs for the 
elevator tab control mechanism, which could result in elevator and tab 
vibration. Consequent structural failure of the elevator or horizontal 
stabilizer could result in loss of structural integrity and loss of 
airplane control.

DATES: We must receive comments on this proposed AD by September 17, 
2012.

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 http://www.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.
    For service information identified in this proposed 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. 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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: (425) 917-6490; fax: (425) 917-6590; email: 
Kelly.McGuckin@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2012-0801; 
Directorate Identifier 2012-NM-106-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We received a report of elevator vibration and bearing swage 
failures on Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes. Some Model 737-200 and -200C series airplanes have a similar 
design. Boeing did a design review and also reviewed the service 
history and found two incidents on Model 737-200 series airplanes of 
unrestrained elevator tab vibration with similar damage to that seen on 
the affected Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes, although it has not been confirmed to be caused by the same 
issue. Discrepancies in the aft attach lugs for the elevator tab 
control mechanism, if not detected and corrected, could result in 
elevator and tab vibration. Consequent structural failure of the 
elevator or horizontal stabilizer could result in loss of structural 
integrity and loss of airplane control.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 737-27A1302, dated April 
24, 2012. For certain airplanes, that service bulletin describes 
procedures for a detailed inspection for any discrepancies (such as a 
gap or a loose spacer) of the aft attach lugs for the elevator tab 
control mechanism, and replacement of the mechanism, if necessary. 
Replacing the mechanism includes inspecting the mechanism being 
installed prior to and after installation for any discrepancies. For 
certain other airplanes, that service bulletin specifies contacting the 
manufacturer for inspection, change, or repair instructions, and doing 
the work specified in those instructions.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

[[Page 45514]]

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between the Proposed AD and the Service 
Information.'' The proposed AD would also require sending the initial 
inspection results to Boeing. This required inspection report will help 
determine if additional action is needed. Based on the results of these 
reports, we might determine that further corrective action is 
warranted.

Related Rulemaking

    We issued AD 2010-17-19, Amendment 39-16413 (75 FR 52242, August 
25, 2010), to address the identified unsafe condition on Model 737-600, 
-700, -700C, -800, -900, and -900ER series airplanes.

Differences Between the Proposed AD and the Service Information

    Although the service bulletin specifies that, for Group 1 
airplanes, operators may contact the manufacturer for certain 
inspection procedures and disposition of repair or replacement 
conditions, this proposed AD would require operators do those actions 
using a method approved by the Manager, Seattle Aircraft Certification 
Office, FAA.

Costs of Compliance

    We estimate that this proposed AD affects 200 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection for Group 2 airplanes.  7 work-hours x $85             $0  $595 per inspection   $119,000 per
                                    per hour = $595 per                cycle.                inspection cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    For Group 1 airplanes, we do not have definitive data that would 
enable us to provide cost estimates for the action specified in this 
proposed AD.
    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                       Cost per
                 Action                          Labor cost           Parts cost        product
--------------------------------------------------------------------------------------------------
Replacement of a mechanism.............  7 work-hours x $85 per            $29,289         $29,884
                                          hour = $595.
----------------------------------------------------------------------------------------------------------------

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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2012-0801; Directorate Identifier 
2012-NM-106-AD.

(a) Comments Due Date

    We must receive comments by September 17, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-200 and -200C 
series airplanes, as identified in Boeing Alert Service Bulletin 
737-27A1302, dated April 24, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 27, Flight Controls.

(e) Unsafe Condition

    This AD was prompted by a report of elevator vibration and 
bearing swage failures.

[[Page 45515]]

We are issuing this AD to detect and correct discrepancies in the 
aft attach lugs for the elevator tab control mechanism, which could 
result in elevator and tab vibration. Consequent structural failure 
of the elevator or horizontal stabilizer could result in loss of 
structural integrity and loss of airplane control.

(f) Compliance

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

(g) Group 1 Airplanes

    For Group 1 airplanes as identified in Boeing Alert Service 
Bulletin 737-27A1302, dated April 24, 2012: Within 1,500 flight 
cycles or 2,000 flight hours after the effective date of this AD, 
whichever occurs first, inspect the left and right elevator tab 
control mechanisms, and repair or replace as applicable, in 
accordance with a method approved by the Manager, Seattle Aircraft 
Certification Office (ACO), FAA. 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.

(h) Inspection for Group 2 Airplanes

    For Group 2 airplanes as identified in Boeing Alert Service 
Bulletin 737-27A1302, dated April 24, 2012: Within 1,500 flight 
cycles or 2,000 flight hours after the effective date of this AD, 
whichever occurs first, do a detailed inspection for any 
discrepancies of the inboard and outboard aft attach lugs of the 
left and right elevator tab control mechanisms, in accordance with 
Boeing Alert Service Bulletin 737-27A1302, dated April 24, 2012. 
Repeat the detailed inspection thereafter at intervals not to exceed 
1,500 flight cycles or 2,000 flight hours, whichever occurs first.

(i) Corrective Actions for Paragraph (h) of This AD

    If any discrepancy is found during any inspection required by 
paragraph (h) of this AD, before further flight, replace the 
discrepant elevator tab control mechanism with a non-discrepant 
mechanism by doing the actions specified in paragraphs (i)(1) and 
(i)(2) of this AD.
    (1) Do a detailed inspection for discrepancies of the 
replacement elevator tab control mechanism; and, if no discrepancy 
is found, before further flight, install the replacement elevator 
tab control mechanism; in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-27A1302, dated 
April 24, 2012. If any discrepancy is found in that mechanism, then 
that mechanism may not be installed.
    (2) Repeat the inspection on the installed replacement elevator 
tab control mechanism in accordance with the requirements of 
paragraph (h) of this AD.

(j) Inspection Report

    Submit a report of the findings (both positive and negative) of 
the initial inspection required by paragraph (h) of this AD to 
Boeing Commercial Airlines Group, Attention: Manager, Airline 
Support, email: rse.boecom@boeing.com; at the applicable time 
specified in paragraph (j)(1) or (j)(2) of this AD. The report must 
include the inspection results, a description of any discrepancies 
found, the airplane serial number, and the number of landings and 
flight hours on the airplane.
    (1) If the inspection was done after the effective date of this 
AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was accomplished prior to the effective 
date of this AD: Submit the report within 30 days after the 
effective date of this AD.

(k) Parts Installation Limitations

    As of the effective date of this AD, no person may install an 
elevator tab control mechanism assembly, part number 65-79425-2, -3, 
-4, -5, or -6, on any airplane, unless the assembly has been 
inspected in accordance with paragraph (i) of this AD both before 
and after installation.

(l) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(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 the Related Information 
section of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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.

(n) Related Information

    (1) For more information about this AD, contact Kelly McGuckin, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, 
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; phone: (425) 917-6490; fax: (425) 917-6590; email: 
Kelly.McGuckin@faa.gov.
    (2) 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. 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.

    Issued in Renton, Washington, on July 23, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-18614 Filed 7-31-12; 8:45 am]
BILLING CODE 4910-13-P
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