[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Proposed Rules]
[Pages 55691-55692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22847]


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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.

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Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / 
Proposed Rules

[[Page 55691]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0853; Directorate Identifier 2010-NM-116-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 737-600, -700, 
-700C, -800, -900, and -900ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes. This proposed AD would require repetitive testing of the 
stabilizer takeoff warning switches, and corrective actions if 
necessary. This proposed AD results from reports that the warning horn 
did not sound during the takeoff warning system test of the S132 ``nose 
up stab takeoff warning switch.'' We are proposing this AD to detect 
and correct a takeoff warning system switch failure, which could reduce 
the ability of the flightcrew to maintain the safe flight and landing 
of the airplane.

DATES: We must receive comments on this proposed AD by October 29, 
2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 proposed 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 <a href="/cdn-cgi/l/email-protection#adc0c883cfc2c8cec2c0edcfc2c8c4c3ca83cec2c0"><span class="__cf_email__" data-cfemail="9ff2fab1fdf0fafcf0f2dffdf0faf6f1f8b1fcf0f2">[email protected]</span></a>; 
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, Washington. 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 (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Jeffrey W. Palmer, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington 
98057-3356; telephone (425) 917-6472; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0853; 
Directorate Identifier 2010-NM-116-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 that the warning horn did not sound during the 
takeoff warning system test of the S132 ``nose up stab takeoff warning 
switch.'' Certain airplanes were found to have switch failures, which 
resulted in lack of aural warning when the stabilizer was positioned 
outside of the green band limits. Also, operators found that both 
internal contacts would not actuate during switch rotation. A takeoff 
warning system switch failure, if not corrected, could result in auto-
rotation, resulting in tail strike, stall, high-speed runway overrun, 
rejected takeoff, or failure to clear terrain or obstacles after 
takeoff, which could reduce the ability of the flightcrew to maintain 
the safe flight and landing of the airplane.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 737-27-1289, dated April 
7, 2010, which describes procedures for repetitive testing of the 
stabilizer takeoff warning switches. The corrective actions include 
replacing failed stabilizer warning switches.

FAA's Determination and Requirements of this Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs. This proposed AD would require accomplishing the actions 
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 963 airplanes of 
U.S. registry. We also estimate that it would take 1 work-hour per 
product to comply with this proposed AD. The average labor rate is $85 
per work-hour. Based on these figures, we estimate the cost of this 
proposed AD to the U.S. operators to be $81,855, or $85 per product.

Authority for this Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I,

[[Page 55692]]

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), 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 AD:

The Boeing Company: Docket No. FAA-2010-0853; Directorate Identifier 
2010-NM-116-AD.

Comments Due Date

    (a) We must receive comments by October 29, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any 
category; as identified in Boeing Service Bulletin 737-27-1289, 
dated April 7, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Unsafe Condition

    (e) This AD results from reports that the warning horn did not 
sound during the takeoff warning system test of the S132 ``nose up 
stab takeoff warning switch.'' The Federal Aviation Administration 
is issuing this AD to detect and correct a takeoff warning system 
switch failure, which could reduce the ability of the flightcrew to 
maintain the safe flight and landing of the airplane.

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.

Test

    (g) Within 6 months after the effective date of this AD, test 
the stabilizer takeoff warning switches, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 737-27-1289, 
dated April 7, 2010. Repeat the test at intervals not to exceed 750 
flight hours.

Replacement and Re-test

    (h) If any stabilizer takeoff warning switch fails the test 
required in paragraph (g) or (h) of this AD, replace the stabilizer 
takeoff warning switch with a new switch and test the new switch 
before further flight, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 737-27-1289, dated April 7, 
2010. Within 750 flight hours after replacement of any switch, test 
the replaced switch, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 737-27-1289, dated April 7, 
2010, and repeat this test on the replaced switch thereafter at 
intervals not to exceed 750 flight hours.

Special Flight Permit

    (i) Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

Alternative Methods of Compliance (AMOCs)

    (j)(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: Jeffrey W. Palmer, Aerospace Engineer, Systems and Equipment 
Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone (425) 917-6472; fax (425) 917-6590. 
Information may be e-mailed to: <a href="/cdn-cgi/l/email-protection#7b42563a353656281e1a0f0f171e563a3834563a36343856291e0a0e1e080f083b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="162f3b57585b3b45737762627a733b5755593b575b59553b44736763736562655670777738717960">[email protected]</span></a>.
    (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 reference this AD.

    Issued in Renton, Washington, on September 3, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-22847 Filed 9-13-10; 8:45 am]
BILLING CODE 4910-13-P


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