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[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Proposed Rules]
[Pages 56170-56172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22392]

========================================================================
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. 177 / Wednesday, September 12, 2012 / 
Proposed Rules

[[Page 56170]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0933; Directorate Identifier 2012-NM-107-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 all 
The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes. This proposed 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 proposed AD would 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. We are 
proposing 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: We must receive comments on this proposed AD by October 29, 
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: 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 nancy.marsh@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-2012-0933; 
Directorate Identifier 2012-NM-107-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 reports of pins with an unapproved surface coating 
installed at the horizontal stabilizer rear spar attach locations. An 
incorrect procedure to apply the wear and corrosion protective surface 
coating was used by a supplier. The pins were installed on new 
airplanes and were also distributed by Boeing Spares.
    A large number of the part number (P/N) 180A1612-3 and 180A1612-4 
pins that were supplied to Boeing between June 30, 2006, and January 
31, 2008, have an unapproved surface coating. These pins were 
distributed by Boeing Spares and were installed on most new airplanes 
delivered between August 2006 and July 2008. These pins could also have 
been installed as terminating action for Boeing Service Bulletin 737-
55-1086 (specified in AD 2004-05-19, Amendment 39-13514 (69 FR 10921, 
March 9, 2004; corrected April 13, 2004 (69 FR 19313)), or during 
maintenance as specified in Section 9 of the Boeing 737-600/700/700C/
800/900/900ER Maintenance Planning Document. No practical non-
destructive inspection procedures exist to determine whether the pins 
have an approved or unapproved surface coating. This condition, if not 
corrected, could result in 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.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 737-55-1093, 
dated April 9, 2012. The service information describes procedures for 
replacing certain attach pins of the horizontal stabilizer rear spar 
with new, improved attach pins.

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 56171]]

Proposed AD Requirements

    This proposed AD would 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.

Costs of Compliance

    We estimate that this proposed AD affects 1,050 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                          Cost per
             Action                  Labor cost          Parts cost        product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
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

    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-2012-0933; Directorate Identifier 
2012-NM-107-AD.

(a) Comments Due Date

    We must receive comments by October 29, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes; certificated in any 
category.

(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 attach pin of the horizontal stabilizer rear spar has P/N 
180A1612-3 or 180A1612-4, before further flight, 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 Prohibition

    For all airplanes: 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) 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.

[[Page 56172]]

    (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.

(k) Related Information

    (1) 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 nancy.marsh@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 August 31, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-22392 Filed 9-11-12; 8:45 am]
BILLING CODE 4910-13-P
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