
[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Rules and Regulations]               
[Page 45350-45351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au08-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0413; Directorate Identifier 2008-NM-003-AD; 
Amendment 39-15631; AD 2008-16-13]
RIN 2120-AA64

 
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, -900, and -900ER Series 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 
Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes. This AD requires replacing the pushrods for the left and 
right elevator tab control mechanisms with new, improved pushrods. This 
AD results from a report of a rod end fracture on a rudder power 
control unit (PCU) control rod, which is similar to the ones used for 
the elevator tab pushrods. Analysis revealed that the fractured rod end 
had an incorrect hardness, which had probably occurred during the 
manufacture of the control rod. We are issuing this AD to prevent 
fracture of the elevator tab pushrod ends, which could result in 
excessive in-flight vibrations of the elevator tab, possible loss of 
the elevator tab, and consequent loss of controllability of the 
airplane.

DATES: This AD is effective September 9, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 9, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

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 (telephone 800-647-5527) is the 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: Tamara Anderson, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6421; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes. That NPRM was published in the Federal Register on 
April 24, 2008 (73 FR 22090). That NPRM proposed to require replacing 
the pushrods for the left and right elevator tab control mechanisms 
with new, improved pushrods.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the two comments received. Boeing concurs with 
the contents of the NPRM, and Continental Airlines has no issues with 
the NPRM.

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.

Costs of Compliance

    We estimate that this AD affects 715 airplanes of U.S. registry. We 
also estimate that it takes about 4 work-hours per product to comply 
with this AD. The average labor rate is $80 per work-hour. Required 
parts cost about $8,036 per product. Based on these figures, we 
estimate the cost of this AD to the U.S. operators to be $5,974,540, or 
$8,356 per product.

[[Page 45351]]

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), 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.

Adoption of the Amendment

0
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 AD:

2008-16-13 Boeing: Amendment 39-15631. Docket No. FAA-2008-0413; 
Directorate Identifier 2008-NM-003-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective September 9, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, -800, 
-900, and -900ER series airplanes, certificated in any category; 
line numbers 1 through 2196 inclusive.

Unsafe Condition

    (d) This AD results from a report of a rod end fracture on a 
rudder power control unit (PCU) control rod, which is similar to the 
ones used for the elevator tab pushrods. Analysis revealed that the 
fractured rod end had an incorrect hardness, which had probably 
occurred during the manufacture of the control rod. We are issuing 
this AD to prevent fracture of the elevator tab pushrod ends, which 
could result in excessive in-flight vibrations of the elevator tab, 
possible loss of the elevator tab, and consequent loss of 
controllability of the airplane.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Pushrod Replacement

    (f) At the time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Special Attention Service Bulletin 737-27-1284, dated 
November 28, 2007; except, where the service bulletin specifies a 
compliance time after the date on the service bulletin, this AD 
requires compliance within the specified compliance time after the 
effective date of this AD: Replace the pushrods for the left and 
right elevator tab control mechanisms with new, improved pushrods by 
doing all the actions in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 737-27-
1284, dated November 28, 2007.

Parts Installation

    (g) As of the effective date of this AD, no person may install a 
pushrod assembly, part number 65-45166-24, on any airplane.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Tamara Anderson, Aerospace Engineer, Airframe Branch, 
ANM-120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6421; fax (425) 917-6590; 
has the authority to approve AMOCs for this AD, if requested, using 
the procedures found in 14 CFR 39.19.
    (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 appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (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 an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who 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.

Material Incorporated by Reference

    (i) You must use Boeing Special Attention Service Bulletin 737-
27-1284, dated November 28, 2007, 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 this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 
98124-2207.
    (3) You may review copies of the service information 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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 July 23, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-17748 Filed 8-4-08; 8:45 am]

BILLING CODE 4910-13-P
