[Federal Register Volume 63, Number 37 (Wednesday, February 25, 1998)]
[Rules and Regulations]
[Pages 9408-9409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4716]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-04-AD; Amendment 39-10362; AD 98-02-51]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-300, -400, and -500
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) 98-02-51 that was sent previously
to all known U.S. owners and operators of Boeing Model 737-300, -400,
and -500 series airplanes by individual telegrams. This AD requires a
one-time general visual inspection to detect any missing fasteners on
the top and bottom of the leading edge skin where it attaches to the
front spar of the horizontal stabilizer. This AD also requires a one-
time detailed visual inspection to detect any loose or missing
fasteners of the attachment of the elevator hinge plates to the
horizontal stabilizer rear spar fittings. If a loose or missing
fastener is detected, this AD requires installation of a new or
serviceable fastener. This action is prompted by reports of loose or
missing fasteners of the leading edge structure and elevator attachment
fitting of the right-hand horizontal stabilizer. The actions specified
by this AD are intended to prevent reduced structural integrity of the
horizontal stabilizer due to loose or missing fasteners.
DATES: Effective March 2, 1998, to all persons except those persons to
whom it was made immediately effective by telegraphic AD T98-02-51,
issued on January 8, 1998, which contained the requirements of this
amendment.
Comments for inclusion in the Rules Docket must be received on or
before April 27, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-04-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
FOR FURTHER INFORMATION CONTACT: Gregory L. Schneider, Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Transport Airplane
Directorate, Seattle Aircraft Certification Office, 1601 Lind Avenue,
SW., Renton, Washington 98055-4056; telephone (425) 227-2028 or (425)
227-2557; fax (425) 227-1181.
SUPPLEMENTARY INFORMATION: On January 8, 1998, the FAA issued
telegraphic AD T98-02-51, which is applicable to Boeing Model 737-300,
-400, and -500 series airplanes.
On December 9, 1997, a Boeing Model 737-300 series airplane
operated by Silkair Airlines was involved in an accident after takeoff
from Jakarta Soekarno Hatta Airport in Jakarta, Indonesia. The accident
is under investigation by the Indonesian authorities with assistance
from the National Transportation Safety Board (NTSB) of the United
States, the manufacturer, the operator, and other aviation
organizations. Although there has been no determination of the cause of
the accident, preliminary reports from the on-site accident
investigation indicate that the horizontal stabilizer may have
separated from the airplane prior to impact in the Musi River. On-site
investigation has revealed that approximately 26 fasteners were missing
from certain leading edge structure on the right-hand (RH) horizontal
stabilizer (12 from the upper surface, and 14 from the lower surface).
Additionally, early reports indicated that at least one fastener may
have been missing from an elevator attachment fitting in an outboard
section of the RH horizontal stabilizer.
Subsequently, there has been a report of evidence that the fastener
was actually installed. However, the FAA has received a report that an
operator found one loose fastener during inspection of an in-service
airplane. (There have been no reports to date of any fasteners missing
from the left-hand (LH) horizontal stabilizer.)
There is, as of yet, no evidence linking these missing or loose
fasteners to the cause of the accident.
Loose or missing fasteners on the LH or RH horizontal stabilizer
could reduce the structural integrity of the horizontal stabilizer.
Because the airplane had been placed in service a relatively short
time ago (February 14, 1997), it is possible that the fasteners were
missing because they had not been installed during manufacture. If such
a quality control failure occurred on this airplane, it may also have
occurred on others produced at approximately the same time.
Explanation of Requirements of the Rule
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design, the FAA issued telegraphic
AD T98-02-51 to require a one-time general visual inspection to detect
any missing fasteners on the top and bottom of the leading edge skin
where it attaches to the front spar of the horizontal stabilizer.
This AD also requires a one-time detailed visual inspection to
detect any loose or missing fasteners of the attachment of the elevator
hinge plates to the horizontal stabilizer rear spar fittings. If a
loose or missing fastener is detected, this AD requires installation of
a new or serviceable fastener.
In addition, this AD requires that operators submit a report of all
inspection findings to the FAA. Since the cause of the missing
fasteners of the LH and RH horizontal stabilizer is currently unknown,
the intent of the required reports is to enable the FAA to determine
how widespread such discrepancies may be in the affected fleet. Because
the investigation is continuing, further action may be necessary. This
is considered to be interim action until final action is identified, at
which time the FAA may consider further rulemaking.
Publication and Effectivity of AD
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual telegrams
issued on January 8, 1998, to all known U.S. owners and operators of
certain Boeing Model 737-300, -400, and -500 series airplanes. These
conditions still exist, and the AD is hereby published in the Federal
Register as an amendment to section 39.13 of the Federal Aviation
Regulations (14 CFR 39.13) to make it effective to all persons.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
[[Page 9409]]
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 98-NM-04-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
98-02-51 Boeing: Amendment 39-10362. Docket 98-NM-04-AD.
Applicability: Model 737-300, -400, and -500 series airplanes
having line positions 2765 through 2977 inclusive; certificated in
any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent reduced structural integrity of the horizontal
stabilizer due to loose or missing fasteners of the left- or right-
hand horizontal stabilizer, accomplish the following:
(a) Within 5 flight cycles or 24 clock hours after the effective
date of this AD, whichever occurs later, perform the following
inspections of the left- and right-hand sides of the horizontal
stabilizer:
(1) Perform a general visual inspection to determine if any
fasteners are missing on the top and bottom of the leading edge skin
where it is attached to the front spar.
(2) Perform a detailed visual inspection to detect loose or
missing fasteners of the attachment of the elevator hinge plates to
the left- and right-hand sides of the horizontal stabilizer rear
spar fittings. Ensure torque sealant has not been broken on the
fasteners.
(b) If no discrepancies are found, no further inspections are
required by this AD.
(c) If any fastener is loose or missing, or if the torque
sealant has been broken on any fastener, prior to further flight,
install a new or serviceable fastener.
(d) Within 5 days after accomplishing the inspections required
by this AD, report inspection results, positive or negative, to the
Manager, Seattle Aircraft Certification Office (ACO), FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington
98055-4056; fax (425) 227-1181. Information collection requirements
contained in this regulation have been approved by the Office of
Management and Budget (OMB) under the provisions of the paperwork
reduction act of 1980 (44 U.S.C. 3501 et seq.) have been assigned
OMB control number 2120-0056.
(e) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle ACO. Operators shall submit
their requests through an appropriate FAA Principal Maintenance
Inspector, who may add comments and then send it to the Manager,
Seattle ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Manager, Seattle ACO.
(f) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(g) This amendment becomes effective on March 2, 1998, to all
persons except those persons to whom it was made immediately
effective by telegraphic AD T98-02-51, issued on January 8, 1998,
which contained the requirements of this amendment.
Issued in Renton, Washington, on February 18, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-4716 Filed 2-24-98; 8:45 am]
BILLING CODE 4910-13-U
