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Rules and Regulations Federal Register

21499 

Vol. 75, No. 79 

Monday, April 26, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0430; Directorate 

Identifier 2010–NM–098–AD; Amendment 

39–16270; AD 2010–09–05] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–600, –700, –700C, 

–800, –900, and –900ER Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD) 

that applies to all The Boeing Company 

Model 737–600, –700, –700C, –800, 

–900, and –900ER series airplanes. The 

existing AD currently requires doing a 

detailed inspection of the inboard and 

outboard aft attach lugs of the left and 

right elevator control tab mechanisms 

for gaps between the swage ring and the 

aft attach lug, and between the spacer 

and the aft attach lug; trying to move or 

rotate the spacer using hand pressure; 

and replacing any discrepant elevator 

tab control mechanism, including 

performing the detailed inspection on 

the replacement part before and after 

installation. For certain airplanes, this 

new AD adds improved repetitive 

inspections for discrepancies of the 

inboard and outboard aft attach lugs of 

the left and right elevator control tab 

mechanisms, and replacement if 

necessary. For certain other airplanes, 

this new AD adds a one-time inspection 

for discrepancies of the inboard and 

outboard aft attach lugs of the left and 

right elevator control tab mechanisms, 

and replacement if necessary. For 

airplanes on which the elevator control 

tab mechanism is replaced with a 

certain mechanism, this AD requires 

repetitive inspections for discrepancies 

of the elevator control tab mechanism 

and replacement if necessary. Replacing 

the elevator control tab mechanism with 

a new, Boeing-built mechanism 

terminates the repetitive inspections. 

This AD results from a report of failure 

of the aft attach lugs on the left elevator 

tab control mechanism, which resulted 

in severe elevator vibration; this event 

occurred on an airplane on which the 

existing AD had been done. We are 

issuing this AD to detect and correct a 

loose bearing in the aft lug of the 

elevator tab control mechanism, which 

could result in unwanted elevator and 

tab vibration. Consequent structural 

failure of the elevator or horizontal 

stabilizer could result in loss of 

structural integrity and aircraft control. 

DATES: This AD becomes effective April 

29, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of April 29, 2010. 

On April 7, 2010 (75 FR 16648, April 

2, 2010), the Director of the Federal 

Register approved the incorporation by 

reference of a certain other publication 

listed in the AD. 

We must receive any comments on 

this AD by June 10, 2010. 

ADDRESSES: You may send comments 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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; 

telephone 206–544–5000, extension 1; 

fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

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 street address for 

the Docket Office (telephone 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 ACO, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6490; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On March 18, 2010, we issued AD 

2010–06–51, amendment 39–16250 (75 

FR 16648, April 2, 2010). That AD 

applies to all The Boeing Company 

Model 737–600, –700, –700C, –800, 

–900, and –900ER series airplanes. That 

AD requires doing a detailed inspection 

of the inboard and outboard aft attach 

lugs of the left and right elevator control 

tab mechanisms for gaps between the 

swage ring and the aft attach lug, and 

between the spacer and the aft attach 

lug; trying to move or rotate the spacer 

using hand pressure; and replacing any 

discrepant elevator tab control 

mechanism, including performing the 

detailed inspection on the replacement 

part before and after installation. That 

AD resulted from a report of failure of 

the aft attach lugs on the left elevator tab 

control mechanism, which resulted in 

severe elevator vibration. The actions 

specified in that AD are intended to 

detect and correct a loose bearing in the 

aft lug of the elevator tab control 

mechanism, which could result in 

unwanted elevator and tab vibration. 

Consequent structural failure of the 

elevator or horizontal stabilizer could 

result in loss of structural integrity and 

aircraft control. 

Actions Since AD Was Issued 

Since we issued that AD, we received 

an additional report of failure of the aft 

attach lugs on the left elevator tab 

control mechanism. This event occurred 

on an airplane that had been inspected 

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21500 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Rules and Regulations 

in accordance with AD 2010–06–51. We 

have determined that an improved 

inspection is necessary to address the 

identified unsafe condition. We verified 

the inspection procedure with an 

operator prior to approval of Boeing 

Alert Service Bulletin 737–27A1297, 

dated April 16, 2010. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin 737–27A1297, dated 

April 16, 2010. The service bulletin 

describes procedures for Model 737– 

700, –700C, –800, and –900ER series 

airplanes, line numbers 2508 through 

3250 inclusive. The service bulletin 

specifies a one-time detailed inspection 

(for all airplanes having line numbers 

2708 through 3250 inclusive that are 

approved for operation under ETOPS), 

and repetitive detailed inspections (for 

all airplanes having line numbers 2508 

through 2707 inclusive) for 

discrepancies of the inboard and 

outboard aft attach lugs of the left and 

right elevator control tab mechanisms, 

and replacing any discrepant 

mechanisms. The detailed inspection 

includes the use of a feeler gage and 

finger pressure and instructs to apply 

hand pressure during the inspection for 

gaps and looseness. Discrepancies 

include the following conditions: 

• The spacer moves or rotates. 

• Gap exists between the swage ring 

and the outer face of the aft attach lug 

such that a 0.005 inch feeler gage can be 

inserted more than 0.025 inch. 

• Gap exists between two nested lugs 

such that a 0.005 inch feeler gage can be 

inserted more than 0.050 inch. 

• Gap exists between the inner face of 

the aft attach lug and the spacer such 

that a 0.005 inch feeler gage can be 

inserted more than 0.050 inch. 

The service bulletin also specifies that 

for airplanes on which the elevator 

control tab mechanism is replaced with 

an elevator control tab mechanism that 

is not a Boeing-built mechanism, the 

repetitive detailed inspections described 

above are necessary. 

The service bulletin also specifies that 

replacing discrepant elevator control tab 

mechanisms with Boeing-built elevator 

control tab mechanisms eliminates the 

need for the repetitive inspections. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other airplanes of these same type 

designs. For this reason, we are issuing 

this AD to supersede AD 2010–06–51. 

This new AD retains the inspection 

requirements of AD 2010–06–51, and 

also requires, for certain airplanes, 

accomplishing the actions specified in 

Boeing Alert Service Bulletin 737– 

27A1297, dated April 16, 2010, 

described previously, except as 

discussed under ‘‘Differences Between 

the AD and Boeing Alert Service 

Bulletin 737–27A1297.’’ This new AD 

also requires sending the inspection 

results to the manufacturer and sending 

discrepant elevator control tab 

mechanisms to the manufacturer. 

Differences Between the AD and Boeing 

Alert Service Bulletin 737–27A1297 

Boeing Alert Service Bulletin 737– 

27A1297, dated April 16, 2010, specifies 

that replacing discrepant elevator 

control tab mechanisms with Boeingbuilt elevator control tab mechanisms 

eliminates the need for the repetitive 

inspections. This AD specifies that 

installing only a new, Boeing-built 

elevator control tab mechanism 

terminates the repetitive inspections. 

We have not received sufficient data to 

demonstrate that repaired elevator 

control tab mechanisms were repaired 

using procedures that will adequately 

address the identified unsafe condition. 

We find that only allowing new Boeing 

elevator control tab mechanisms as 

terminating action, as specified by this 

AD, will adequately address the unsafe 

condition. We have coordinated this 

issue with Boeing. 

While Boeing Alert Service Bulletin 

737–27A1297, dated April 16, 2010, 

does not identify Model 737–600 and 

–900 series airplanes, this AD applies to 

those airplanes because they are subject 

to the Parts Installation paragraph of 

this AD. 

Interim Action 

This AD is considered to be interim 

action. The inspection reports and the 

returned discrepant parts that are 

required by this AD will enable the 

airframe manufacturer and the FAA to 

obtain better insight into the nature, 

cause, and extent of the issue, and 

eventually to develop final action to 

address the unsafe condition. Once final 

action has been identified, we might 

consider further rulemaking. 

FAA’s Justification and Determination 

of the Effective Date 

A loose bearing in the aft lug of the 

elevator tab control mechanism could 

result in unwanted elevator and tab 

vibration. Consequent structural failure 

of the elevator or horizontal stabilizer 

could result in loss of structural 

integrity and aircraft control. Because of 

our requirement to promote safe flight of 

civil aircraft and thus the critical need 

to ensure the structural integrity of the 

airplane, and the short compliance time 

involved with this action, this AD must 

be issued immediately. 

Because an unsafe condition exists 

that requires the immediate adoption of 

this AD, we find that notice and 

opportunity for prior public comment 

hereon are impracticable and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2010–0430; Directorate Identifier 2010– 

NM–098–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this 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 AD. 

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 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 

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Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Rules and Regulations 21501 

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 the 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); and 

3. 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

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 part 39 of the Federal 

Aviation Regulations (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. 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by removing amendment 39–16250 (75 

FR 16648, April 2, 2010) and by adding 

the following new airworthiness 

directive (AD): 

2010–09–05 The Boeing Company: 

Amendment 39–16270. Docket No. 

FAA–2010–0430; Directorate Identifier 

2010–NM–098–AD. 

Effective Date 

(a) This AD becomes effective April 29, 

2010. 

Affected ADs 

(b) This AD supersedes AD 2010–06–51, 

Amendment 39–16250. 

Applicability 

(c) This AD applies to all The Boeing 

Company Model 737–600, ¥700, ¥700C, 

¥800, ¥900, and ¥900ER series airplanes; 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Unsafe Condition 

(e) This AD results from a report of failure 

of the aft attach lugs on the left elevator tab 

control mechanism, which resulted in severe 

elevator vibration; this event occurred on an 

airplane on which the existing AD had been 

done. The Federal Aviation Administration is 

issuing this AD to detect and correct a loose 

bearing in the aft lug of the elevator tab 

control mechanism, which could result in 

unwanted elevator and tab vibration. 

Consequent structural failure of the elevator 

or horizontal stabilizer could result in loss of 

structural integrity and aircraft control. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of Requirements of AD 2010– 

06–51 

Inspection and Corrective Action 

(g) For Groups 1, 2, and 3; and Group 4, 

Configuration 2; as identified in Boeing Alert 

Service Bulletin 737–27A1296, dated March 

12, 2010: At the applicable time specified in 

paragraph 1.E. Compliance of Boeing Alert 

Service Bulletin 737–27A1296, dated March 

12, 2010, except as required by paragraph (i) 

of this AD, do a detailed inspection of the 

inboard and outboard aft attach lugs of the 

left and right elevator control tab 

mechanisms for gaps between the swage ring 

and the aft attach lug, and between the spacer 

and the aft attach lug; and try to move or 

rotate the spacer using hand pressure; in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–27A1296, dated March 12, 2010. Doing 

the inspection required by paragraph (m) or 

(o) of this AD, as applicable, terminates the 

requirements of this paragraph. 

(h) If, during accomplishment of the 

actions required by paragraph (g) of this AD, 

any gap is found between the swage ring and 

the aft attach lug, or between the spacer and 

the aft attach lug; or if the spacer moves or 

rotates: Before further flight, do the actions 

required by paragraphs (h)(1) and (h)(2) of 

this AD, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–27A1296, dated March 

12, 2010. 

(1) Inspect the replacement elevator tab 

control mechanism for discrepancies, as 

specified in paragraph (g) of this AD; and, if 

no discrepancy is found, install the 

replacement elevator tab control mechanism. 

(2) Re-inspect the installed elevator tab 

control mechanism, as required by paragraph 

(g) of this AD. 

Exception to Service Bulletin Specifications 

(i) Where Boeing Alert Service Bulletin 

737–27A1296, dated March 12, 2010, 

specifies a compliance time after the date of 

the original issue of the service bulletin, this 

AD requires compliance within the specified 

compliance time after April 7, 2010 (the 

effective date of AD 2010–06–51). 

Inspection Done According to Multi 

Operator Message (MOM) 

(j) An inspection done before April 7, 2010, 

according to Boeing Multi Operator Message 

Number MOM–MOM–10–0159–01B, dated 

March 10, 2010, is considered acceptable for 

compliance with the corresponding 

inspection specified in paragraph (g) of this 

AD. 

Reporting 

(k) At the applicable time specified in 

paragraph (k)(1) or (k)(2) of this AD: Submit 

a report of the findings (both positive and 

negative) of the inspections required by 

paragraph (g) of this AD to Boeing 

Commercial Airplanes Group, Attention: 

Manager, Airline Support, e-mail: 

rse.boecom@boeing.com. The report must 

include the inspection results including a 

description of any discrepancies found, the 

airplane line number, and the number of 

flight cycles and flight hours accumulated on 

the airplane. Under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 3501 et 

seq.), the Office of Management and Budget 

(OMB) has approved the information 

collection requirements contained in this AD 

and has assigned OMB Control Number 

2120–0056. 

(1) If the inspection was done on or after 

April 7, 2010: Submit the report within 10 

days after the inspection. 

(2) If the inspection was done before April 

7, 2010: Submit the report within 10 days 

after April 7, 2010. 

Parts Installation Specified in AD 2010–06– 

51 

(l) For all airplanes: As of April 7, 2010, 

and until the effective date of this AD, no 

person may install an elevator tab control 

mechanism, part number 251A2430-( ), on 

any airplane, unless the mechanism has been 

inspected before and after installation, in 

accordance with the requirements of 

paragraph (g) of this AD, and no 

discrepancies have been found. As of the 

effective date of this AD, comply with 

paragraph (u) of this AD. 

New Requirements of This AD 

Repetitive Inspections for Group 1 

Airplanes, as Identified in Boeing Alert 

Service Bulletin 737–27A1297, Dated April 

16, 2010 

(m) For Group 1 airplanes, as identified in 

Boeing Alert Service Bulletin 737–27A1297, 

dated April 16, 2010: Except as required by 

paragraph (n) of this AD, within 12 days after 

the effective date of this AD, do a detailed 

inspection for discrepancies of the inboard 

and outboard aft attach lugs of the left and 

right elevator control tab mechanisms, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–27A1297, dated April 16, 2010. Repeat 

the inspection thereafter at intervals not to 

exceed 300 flight hours until the replacement 

specified in paragraph (r) of this AD is done. 

Doing the initial inspection required by this 

paragraph terminates the requirements of 

paragraph (g) of this AD. 

(n) For Group 1 airplanes as identified in 

Boeing Alert Service Bulletin 737–27A1297, 

dated April 16, 2010: Beginning 7 days after 

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the effective date of this AD, no person may 

operate an airplane on an extended twin 

operations (ETOPS) flight unless the initial 

inspection required by paragraph (m) of this 

AD has been accomplished. 

One-Time Inspection for Group 2, 

Configuration 1 Airplanes, as Identified in 

Boeing Alert Service Bulletin 737–27A1297, 

Dated April 16, 2010 

(o) For Group 2, Configuration 1 airplanes 

as identified in Boeing Alert Service Bulletin 

737–27A1297, dated April 16, 2010: Within 

30 days after the effective date of this AD, do 

a one-time detailed inspection for 

discrepancies of the inboard and outboard aft 

attach lugs of the left and right elevator 

control tab mechanisms, in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 737–27A1297, dated 

April 16, 2010. Doing the inspection required 

by this paragraph terminates the 

requirements of paragraph (g) of this AD. 

Corrective Actions 

(p) If, during any inspection required by 

paragraph (m), (o), or (q) of this AD, any 

discrepancy is found, before further flight, 

replace the elevator tab control mechanism 

by doing the actions specified in paragraphs 

(p)(1) and (p)(2) of this AD. 

(1) Do a detailed inspection for 

discrepancies of the replacement elevator tab 

control mechanism; and, if no discrepancy is 

found, install the replacement elevator tab 

control mechanism; in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–27A1297, dated April 

16, 2010. If any discrepancy is found, then 

that elevator tab control mechanism cannot 

be installed and the actions specified in this 

paragraph must be done before further flight 

on another replacement elevator tab control 

mechanism. 

(2) Re-inspect the installed elevator tab 

control mechanism using the inspection 

procedure specified in paragraph (o) of this 

AD. 

Repetitive Inspections for Certain Group 2, 

Configuration 1 Airplanes, as Identified in 

Boeing Alert Service Bulletin 737–27A1297, 

Dated April 16, 2010 

(q) For Group 2, Configuration 1 airplanes 

as identified in Boeing Alert Service Bulletin 

737–27A1297, dated April 16, 2010, on 

which the elevator control tab mechanism is 

replaced with a mechanism other than a new, 

Boeing-built mechanism: Within 300 flight 

hours after doing the replacement, do a 

detailed inspection for discrepancies of the 

inboard and outboard aft attach lugs of the 

left and right elevator control tab 

mechanisms, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–27A1297, dated April 

16, 2010. Repeat the inspection thereafter at 

intervals not to exceed 300 flight hours until 

the replacement specified in paragraph (r) of 

this AD is done. 

Terminating Action 

(r) Replacing an elevator tab mechanism 

with a new, Boeing-built mechanism, as 

specified in paragraphs (r)(1) and (r)(2) of this 

AD, terminates the inspections required by 

paragraphs (m), (o), and (q) of this AD. 

Note 1: Refer to paragraphs 3.B.7.b.(1)(a)1) 

and 3.B.7.b.(1)(a)2) of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–27A1297, dated April 16, 2010, to 

establish whether the mechanism is Boeingbuilt. 

(1) Do a detailed inspection for 

discrepancies of the new, Boeing-built 

replacement elevator tab control mechanism; 

and, if no discrepancy is found, install the 

replacement elevator tab control mechanism; 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–27A1297, dated April 16, 2010. If any 

discrepancy is found, then that elevator tab 

control mechanism cannot be installed and 

the actions specified in this paragraph must 

be done on another new, Boeing-built 

replacement elevator tab control mechanism. 

(2) Re-inspect the installed elevator tab 

control mechanism using the inspection 

procedure specified in paragraph (o) of this 

AD. 

Reporting 

(s) At the applicable time specified in 

paragraph (s)(1) or (s)(2) of this AD: Submit 

a report of any findings (positive and 

negative) of the first inspection required by 

paragraphs (m), (o), and (q) of this AD, and 

any positive findings from the repetitive 

inspections required by this AD, to Boeing 

Commercial Airplanes Group, Attention: 

Manager, Airline Support, e-mail: 

rse.boecom@boeing.com. The report must 

include the inspection results including a 

description of any discrepancies found, the 

airplane line number, and the total number 

of flight cycles and flight hours accumulated 

on the airplane. Under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 3501 et 

seq.), the Office of Management and Budget 

(OMB) has approved the information 

collection requirements contained in this AD 

and has assigned OMB Control Number 

2120–0056. 

(1) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 10 days after the inspection. 

(2) If the inspection was done before the 

effective date of this AD: Submit the report 

within 10 days after the effective date of this 

AD. 

Return of Discrepant Parts 

(t) If, during any inspection required by 

paragraph (m), (o), or (q) of this AD, any 

discrepancy is found, and if the inspection 

was done on or after the effective date of this 

AD: Within 30 days after the inspection, 

return the discrepant elevator tab control 

mechanism, and include a copy of the 

inspection report sent to Boeing, as specified 

in paragraph (s) of this AD, to: Spares 

Distribution Center, Attention: Manager, 

Airline Support, Repair Overhaul and 

Exchange Services, SSA 111, Boeing 

Commercial Airplane Group, 2201 South 

142nd Street, Door W10, Seatac, Washington, 

USA, 98168. 

Parts Installation 

(u) For all airplanes identified in paragraph 

(c) of this AD: As of the effective date of this 

AD, comply with the conditions specified in 

paragraphs (u)(1) and (u)(2) of this AD. 

(1) No person may install an elevator tab 

control mechanism, part number 251A2430- 

(), on any airplane, unless the mechanism has 

been inspected before and after installation 

using the inspection procedures specified in 

either paragraphs (p)(1) and (p)(2) of this AD, 

or in paragraphs (r)(1) and (r)(2) of this AD; 

and no discrepancies have been found. 

(2) An elevator tab control mechanism, part 

number 251A2430-(), that is not a new, 

Boeing-built elevator tab control mechanism 

may be installed, provided that the 

mechanism is inspected using the inspection 

procedures specified in paragraph (m) of this 

AD within 300 flight hours after doing the 

installation, and that the inspection is 

repeated thereafter at the interval specified in 

paragraph (m) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(v)(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. Send information to Attn: Kelly 

McGuckin, Aerospace Engineer, Systems and 

Equipment Branch, ANM–130S, FAA, Seattle 

ACO, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 425– 

917–6490; fax 425–917–6590. Information 

may be e-mailed to 9–ANM–Seattle-ACO– 

AMOC–Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically refer to this AD. 

(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 in 

accordance with AD 2010–06–51 are 

approved as AMOCs for the corresponding 

provisions of paragraph (g) or (l) of this AD. 

Material Incorporated by Reference 

(w) You must use Boeing Alert Service 

Bulletin 737–27A1296, dated March 12, 

2010; or Boeing Alert Service Bulletin 737– 

27A1297, dated April 16, 2010; as applicable, 

to do the actions required by this AD, unless 

the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Boeing Alert Service Bulletin 737–27A1297, 

dated April 16, 2010, under 5 U.S.C. 552(a) 

and 1 CFR part 51. 

(2) The Director of the Federal Register 

previously approved the incorporation by 

reference of Boeing Alert Service Bulletin 

737–27A1296, dated March 12, 2010, on 

April 7, 2010 (75 FR 16648, April 2, 2010). 

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Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Rules and Regulations 21503 

1 2009 Report on Enforcement, Docket No. AD07– 

13–002 at 2 (2009). 

2For internal recordkeeping purposes, the Office 

of Enforcement considers ‘‘landowner’’ calls to 

include calls from tenants renting from the 

landowner or any other individual affected by a 

project’s construction or physical operation. As 

noted earlier, section 1b.21, which codifies the 

Enforcement Hotline, provides that ‘‘any person’’ 

may seek assistance. This rulemaking also includes 

disputes involving tenants and other individuals 

affected by a project’s construction or physical 

operation. However, for the purpose of 

convenience, this preamble includes them in the 

general category of ‘‘landowner’’ except as discussed 

in the next paragraph herein when that term is used 

in connection with the specific provisions of 

section 157.203(d). 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(5) You may also review copies of the 

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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on April 19, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–9692 Filed 4–22–10; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 1b 

[Docket No. RM10–21–000; Order No. 734] 

Transferring Certain Enforcement 

Hotline Matters to the Dispute 

Resolution Service 

Issued April 15, 2010. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is revising 

its regulations to substitute the 

Commission’s Dispute Resolution 

Service (DRS) for the Commission’s 

Enforcement Hotline as the contact for 

handling dispute-related calls 

pertaining to the construction and 

operation of jurisdictional infrastructure 

projects, effective May 1, 2010. 

Currently, the Commission’s regulations 

require that natural gas pipeline 

companies provide contact information 

for the Enforcement Hotline when 

providing notice to affected landowners 

on a blanket certificate project under the 

Natural Gas Act. In practice, the 

Enforcement Hotline also attempts to 

resolve disputes between individuals 

and natural gas pipeline companies on 

all certificated construction projects 

under the Natural Gas Act. The 

Enforcement Hotline also receives calls 

pertaining to hydroelectric projects 

regulated under the Federal Power Act. 

The Commission is implementing this 

Final Rule because the Office of 

Enforcement’s priorities currently are to 

focus on matters involving: fraud and 

market manipulation; serious violations 

of the reliability standards; 

anticompetitive conduct; and conduct 

that threatens the transparency of 

regulated markets.1 By transferring the 

responsibility of dispute-related calls 

pertaining to the construction and 

operation of jurisdictional infrastructure 

projects to DRS, with its expertise in 

conflict resolution, and allowing the 

Office of Enforcement to focus on its 

priorities, the Commission will ensure 

an efficient allocation of its resources 

that will better serve the public interest. 

DATES: Effective Date: The rule will 

become effective on May 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Stuart Fischer, Office of Enforcement, 

Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8517; 

Nils Nichols, Office of Administrative 

Litigation/Dispute Resolution Service, 

Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8638. 

SUPPLEMENTARY INFORMATION: 

Before Commissioners: Jon Wellinghoff, 

Chairman; Marc Spitzer, Philip D. Moeller, 

and John R. Norris. 

I. Introduction 

1. The Commission is revising its 

regulations to substitute the 

Commission’s Dispute Resolution 

Service (DRS) for the Commission’s 

Enforcement Hotline as the contact for 

handling dispute-related calls 

pertaining to the construction and 

operation of jurisdictional natural gas 

and hydroelectric infrastructure 

projects, effective May 1, 2010. The 

Commission is implementing this Final 

Rule because the Office of 

Enforcement’s priorities currently are to 

focus on matters involving: fraud and 

market manipulation; serious violations 

of the reliability standards; 

anticompetitive conduct; and conduct 

that threatens the transparency of 

regulated markets. By transferring the 

responsibility of dispute-related calls 

pertaining to the construction and 

operation of jurisdictional infrastructure 

projects to DRS, with its expertise in 

conflict resolution, and allowing the 

Office of Enforcement to focus on its 

priorities, the Commission will ensure 

an efficient allocation of its resources 

that will better serve the public interest. 

II. Background 

2. The Commission’s Enforcement 

Hotline has been in existence since June 

1987. In April 1999, the Enforcement 

Hotline was codified under section 

1b.21 of the Commission’s regulations. 

18 CFR 1b.21. In addition to providing 

information to the public and informal, 

non-binding staff opinions, any person 

may seek the Enforcement Hotline’s 

assistance in the informal resolution of 

a dispute, provided that the dispute is 

not before the Commission in a 

docketed proceeding. 18 CFR 1b.21(b). 

The Enforcement Hotline is staffed by 

personnel from the Division of 

Investigations in the Office of 

Enforcement. 

3. The Enforcement Hotline receives 

communications relating to a wide 

variety of matters including: Allegations 

of market manipulation; failure to 

follow the requirements of a 

transmission tariff; abuse of an affiliate 

relationship; failure to follow electric 

reliability standards; and landowner 

complaints relating to natural gas 

pipeline construction or compliance 

with hydroelectric project licensing 

conditions.2

4. Landowner calls to the 

Enforcement Hotline are partly the 

result of the dispute resolution process 

set forth in the Commission’s 

regulations. Section 157.203(d) of the 

Commission’s regulations sets forth the 

landowner notification requirements 

that a natural gas pipeline company 

must follow if it plans to engage in a 

project authorized under a blanket 

certificate under the Natural Gas Act 

(NGA). Among the requirements is to 

provide all affected landowners with a 

description of the company’s 

environmental complaint resolution 

procedures, which must include 

company contact telephone numbers 

which landowners can use to identify 

and resolve environmental mitigation 

problems and concerns during 

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