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[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63714-63716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24949]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0801; Directorate Identifier 2012-NM-106-AD; 
Amendment 39-17212; AD 2012-20-06]
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 certain 
The Boeing Company Model 737-200 and -200C series airplanes. This AD 
was prompted by a report of elevator vibration and bearing swage 
failures. This AD requires, 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 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.

DATES: This AD is effective November 21, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 21, 
2012.

ADDRESSES: 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.

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: 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: 

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 August 1, 2012 (77 FR 
45513). That NPRM proposed to 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comment received. Boeing supports the 
NPRM (77 FR 45513, August 1, 2012).

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the 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 (77 FR 45513, August 1, 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 45513, August 1, 2012).

Costs of Compliance

    We estimate that this AD affects 200 airplanes of U.S. registry.
    We estimate the following costs to comply with this 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                      cycle.               inspection cycle.
                                    per 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 
AD.
    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspection. We have 
no way of determining the number of aircraft that might need these 
replacements:

[[Page 63715]]

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

    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):

2012-20-06 The Boeing Company: Amendment 39-17212; Docket No. FAA-
2012-0801; Directorate Identifier 2012-NM-106-AD.

(a) Effective Date

    This AD is effective November 21, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-200 and -200C 
series airplanes, certificated in any category; 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. 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) Actions for 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 
the Accomplishment Instructions of 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

[[Page 63716]]

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 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

    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.

(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.
    (i) Boeing Alert Service Bulletin 737-27A1302, dated April 24, 
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 September 28, 2012.
Ali Bahrami,
Manager, Transport Airplanes Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-24949 Filed 10-16-12; 8:45 am]
BILLING CODE 4910-13-P
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