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.

Proposed Rules Federal Register

45513 

Vol. 77, No. 148 

Wednesday, August 1, 2012 

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. 

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45514 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Proposed Rules 

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

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

Inspection for Group 

2 airplanes.

7 work-hours × $85 per hour = $595 per 

inspection cycle.

$0 $595 per inspection 

cycle.

$119,000 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 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

Action Labor cost Parts cost Cost per 

product 

Replacement of a mechanism ......... 7 work-hours × $85 per hour = $595 ........................................................ $29,289 $29,884 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 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. 

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

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0728; Directorate 

Identifier 2012–NM–050–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 MD–90–30 

airplanes. This proposed AD was 

prompted by reports of fatigue cracks 

found in Stringer 11 at the outboard 

flap, inboard drive hinge at Station 

Xrs=164.000. This proposed AD would 

require repetitive inspections for cracks 

in Stringer 11, and a splice repair if 

necessary; and repetitive post-repair 

inspections, and repair if necessary. We 

are proposing this AD to detect and 

correct such cracking, which could 

result in the wing structure not 

supporting the limit load condition, 

which could lead to loss of the 

structural integrity of the wing. 

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, 

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