97-6436. Airworthiness Directives; Boeing Model 737-100, -200, -300, -400, and -500 Series Airplanes  

  • [Federal Register Volume 62, Number 50 (Friday, March 14, 1997)]
    [Proposed Rules]
    [Pages 12121-12123]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-6436]
    
    
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    DEPARTMENT OF TRANSPORTATION
    14 CFR Part 39
    
    [Docket No. 97-NM-28-AD]
    RIN 2120-AA64
    
    
    Airworthiness Directives; Boeing Model 737-100, -200, -300, -400, 
    and -500 Series Airplanes
    
    AGENCY: Federal Aviation Administration, DOT.
    
    ACTION: Notice of proposed rulemaking (NPRM).
    
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    SUMMARY: This document proposes the adoption of a new airworthiness 
    directive (AD) that is applicable to all Boeing Model 737-100, -200, -
    300, -400, and -500 series airplanes. This proposal would require 
    installation of a newly designed rudder-limiting device and yaw damper 
    system. This proposal is prompted by a report indicating that a full 
    rudder input, either commanded or uncommanded, could result in a rapid 
    roll upset; and by reports of malfunctions of the yaw damper system. 
    The actions specified by the proposed AD are intended to prevent 
    excessive rudder authority and consequent reduced controllability of 
    the airplane; and malfunctions of the yaw damper system, which could 
    result in sudden uncommanded yawing of the airplane and consequent 
    injury to passengers and crewmembers.
    
    DATES: Comments must be received by April 23, 1997.
    
    ADDRESSES: Submit comments in triplicate to the Federal Aviation 
    Administration (FAA), Transport Airplane Directorate, ANM-103, 
    Attention: Rules Docket No. 97-NM-28-AD, 1601 Lind Avenue, SW., Renton, 
    Washington 98055-4056. Comments may be inspected at this location 
    between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
    holidays.
    
    FOR FURTHER INFORMATION CONTACT: T. Tin Truong, Aerospace Engineer, 
    Systems and Equipment Branch, ANM-130S, FAA, Transport Airplane 
    Directorate, Seattle Aircraft Certification Office, 1601 Lind Avenue, 
    SW., Renton, Washington 98055-4056; telephone (206) 227-2552; fax (206) 
    227-1181.
    
    SUPPLEMENTARY INFORMATION:
    
    Comments Invited
    
        Interested persons are invited to participate in the making of the 
    proposed rule by submitting such written data, views, or arguments as 
    they may desire. Communications shall identify the Rules Docket number 
    and be submitted in triplicate to the address specified above. All 
    communications received on or before the closing date for comments, 
    specified above, will be considered before taking action on the 
    proposed rule. The proposals contained in this notice may be changed in 
    light of the comments received.
        Comments are specifically invited on the overall regulatory, 
    economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
    the substance of this proposal will be filed in the Rules Docket.
        Commenters wishing the FAA to acknowledge receipt of their comments 
    submitted in response to this notice must submit a self-addressed, 
    stamped postcard on which the following statement is made: ``Comments 
    to Docket Number 97-NM-28-AD.'' The postcard will be date stamped and 
    returned to the commenter.
    
    Availability of NPRMs
    
        Any person may obtain a copy of this NPRM by submitting a request 
    to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
    Docket No. 97-NM-28-AD, 1601 Lind Avenue, SW., Renton, Washington 
    98055-4056.
    
    [[Page 12122]]
    
    Discussion
    
        In September 1994, an accident involving a Boeing Model 737-300 
    series airplane occurred near Pittsburgh, Pennsylvania. The National 
    Transportation Safety Board (NTSB) has not yet determined the cause of 
    that accident. However, the FAA has received a report indicating that 
    piloted computer simulations of the accident revealed that a full 
    rudder input, either commanded or uncommanded, could result in a rapid 
    roll upset similar to the aircraft responses recorded on the flight 
    data recorder of the accident airplane. Investigation revealed that, 
    during certain combinations of flap settings and airspeeds, the amount 
    of rudder deflection available is greater than needed for control of 
    the airplane. A full rudder deflection (hardover) with such excessive 
    rudder authority can result in a rolling moment due to sideslip that 
    exceeds the maximum rolling moment available by control wheel inputs. 
    This condition, if not corrected, could result in reduced 
    controllability of the airplane unless the flight crew takes prompt and 
    appropriate action. [In this regard, the FAA issued AD 96-26-07, 
    amendment 39-9871 (62 FR 15, January 2, 1997) to amend the Airplane 
    Flight Manual to provide the flight crew with the proper control 
    techniques in the event of such an occurrence.]
        Additionally, the FAA has received a number of reports of 
    malfunctions of the yaw damper system. These malfunctions may have been 
    caused by failure of the rate gyroscope of the yaw damper coupler as a 
    result of wear of the rotor bearing, and contamination and shorting of 
    the electrical connectors or surface position sensors in the area of 
    the yaw damper servo-actuator. Such malfunctions of the yaw damper 
    system, if not corrected, could result in sudden uncommanded yawing of 
    the airplane and consequent injury to passengers and crewmembers.
        Boeing has advised the FAA that it has designed a rudder-limiting 
    device and a new yaw damper for installation on the latest versions of 
    Model 737 series airplanes currently undergoing certification. Both of 
    these systems are capable of being installed on the existing fleet of 
    Model 737 series airplanes. Boeing has not yet released a service 
    bulletin reflecting these changes.
    
    FAA's Determinations
    
        In light of this information, the FAA finds that installation of a 
    newly designed rudder-limiting device and yaw damper system are 
    required to ensure the safety of the affected fleet. Installation of a 
    rudder-limiting device is necessary to reduce the rudder authority at 
    altitudes above 1,500 feet above ground level (AGL) so that, if any 
    inadvertent hardover occurs, the resultant roll upset can be controlled 
    with control wheel inputs. Installation of a new yaw damper system is 
    necessary to improve the reliability of the system and its fault 
    monitoring capability, which will prevent uncommanded yawing of the 
    airplane.
    
    Explanation of Requirements of Proposed Rule
    
        Since an unsafe condition has been identified that is likely to 
    exist or develop on other products of this same type design, the 
    proposed AD would require installation of a newly designed rudder-
    limiting device and yaw damper system. The actions would be required to 
    be accomplished in accordance with a method approved by the FAA.
    
    Cost Impact
    
        There are approximately 2,900 Model 737 series airplanes of the 
    affected design in the worldwide fleet. The FAA estimates that 1,350 
    airplanes of U.S. registry would be affected by this proposed AD.
        The FAA estimates that it would take approximately 87 work hours 
    per airplane to accomplish the proposed installation of a newly 
    designed rudder-limiting device, and that the average labor rate is $60 
    per work hour. Required parts would be supplied by the manufacturer at 
    no cost to operators. Based on these figures, the cost impact of the 
    proposed AD on U.S. operators is estimated to be $7,047,000, or $5,220 
    per airplane.
        The FAA also estimates that it would take approximately 20 work 
    hours per airplane to accomplish the proposed installation of a newly 
    designed yaw damper system, and that the average labor rate is $60 per 
    work hour. Required parts would be supplied by the manufacturer at no 
    cost to operators. Based on these figures, the cost impact of the 
    proposed AD on U.S. operators is estimated to be $1,620,000, or $1,200 
    per airplane.
        The cost impact figures discussed above are based on assumptions 
    that no operator has yet accomplished any of the proposed requirements 
    of this AD action, and that no operator would accomplish those actions 
    in the future if this AD were not adopted.
        The FAA recognizes that the obligation to maintain aircraft in an 
    airworthy condition is vital, but sometimes expensive. Because AD's 
    require specific actions to address specific unsafe conditions, they 
    appear to impose costs that would not otherwise be borne by operators. 
    However, because of the general obligation of operators to maintain 
    aircraft in an airworthy condition, this appearance is deceptive. 
    Attributing those costs solely to the issuance of this AD is 
    unrealistic because, in the interest of maintaining safe aircraft, 
    prudent operators would accomplish the required actions even if they 
    were not required to do so by the AD.
        A full cost-benefit analysis has not been accomplished for this 
    proposed AD. As a matter of law, in order to be airworthy, an aircraft 
    must conform to its type design and be in a condition for safe 
    operation. The type design is approved only after the FAA makes a 
    determination that it complies with all applicable airworthiness 
    requirements. In adopting and maintaining those requirements, the FAA 
    has already made the determination that they establish a level of 
    safety that is cost-beneficial. When the FAA, as in this proposed AD, 
    makes a finding of an unsafe condition, this means that the original 
    cost-beneficial level of safety is no longer being achieved and that 
    the proposed actions are necessary to restore that level of safety. 
    Because this level of safety has already been determined to be cost-
    beneficial, a full cost-benefit analysis for this proposed AD would be 
    redundant and unnecessary.
    
    Regulatory Impact
    
        The regulations proposed herein would 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 
    proposal would not have sufficient federalism implications to warrant 
    the preparation of a Federalism Assessment.
        For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft 
    regulatory evaluation prepared for this action is contained in the 
    Rules Docket. A copy of it may be obtained by contacting the Rules 
    Docket at the location provided under the caption ADDRESSES.
    
    [[Page 12123]]
    
    List of Subjects in 14 CFR Part 39
    
        Air transportation, Aircraft, Aviation safety, Safety.
    
    The Proposed Amendment
    
        Accordingly, pursuant to the authority delegated to me by the 
    Administrator, the Federal Aviation Administration proposes to amend 
    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:
    
    Boeing: Docket 97-NM-28-AD.
    
        Applicability: All Model 737-100, -200, -300, -400, and -500 
    series airplanes, certificated in any category.
    
        Note 2: 1: This AD applies to each airplane identified in the 
    preceding applicability provision, regardless of whether it has been 
    otherwise 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 (b) 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 excessive rudder authority and consequent reduced 
    controllability of the airplane; and malfunctions of the yaw damper 
    system, which could result in sudden uncommanded yawing of the 
    airplane and consequent injury to passengers and crewmembers; 
    accomplish the following:
        (a) Within 3 years after the effective date of this AD, 
    accomplish paragraphs (a)(1) and (a)(2) of this AD in accordance 
    with a method approved by the Manager, Seattle Aircraft 
    Certification Office (ACO), FAA, Transport Airplane Directorate.
        (1) Install a newly designed rudder-limiting device that reduces 
    the rudder authority at altitudes above 1,500 feet above ground 
    level (AGL).
        (2) Install a newly designed yaw damper system that improves the 
    reliability and fault monitoring capability.
        (b) 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 Seattle ACO.
    
        (c) 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.
    
        Issued in Renton, Washington, on March 7, 1997.
    Ronald T. Wojnar,
    Manager, Transport Airplane Directorate, Aircraft Certification 
    Service.
    [FR Doc. 97-6436 Filed 3-13-97; 8:45 am]
    BILLING CODE 4910-13-P
    
    
    

Document Information

Published:
03/14/1997
Department:
Transportation Department
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking (NPRM).
Document Number:
97-6436
Dates:
Comments must be received by April 23, 1997.
Pages:
12121-12123 (3 pages)
Docket Numbers:
Docket No. 97-NM-28-AD
RINs:
2120-AA64: Airworthiness Directives
RIN Links:
https://www.federalregister.gov/regulations/2120-AA64/airworthiness-directives
PDF File:
97-6436.pdf
CFR: (1)
14 CFR 39.13